SENATE BILL 236 - Maryland General Assemblymlis.state.md.us/2012rs/bills/sb/sb0236e.pdf · 2012-04-10 · 45 of certain rights of an owner to subdivide certain property used for agricultural

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law.

Underlining indicates amendments to bill.

Strike out indicates matter stricken from the bill by amendment or deleted from the law by

amendment.

Italics indicate opposite chamber/conference committee amendments.

*sb0236*

SENATE BILL 236 M3 (2lr0119)

ENROLLED BILL

— Education, Health, and Environmental Affairs/Environmental Matters —

Introduced by The President (By Request – Administration) and Senators

Pinsky, Frosh, Madaleno, Montgomery, and Raskin

Read and Examined by Proofreaders:

_______________________________________________

Proofreader.

_______________________________________________

Proofreader.

Sealed with the Great Seal and presented to the Governor, for his approval this

_______ day of _______________ at ________________________ o’clock, ________M.

______________________________________________

President.

CHAPTER ______

AN ACT concerning 1

Sustainable Growth and Agricultural Preservation Act of 2012 2

FOR the purpose of altering authorizing a local jurisdiction to adopt and certify to the 3

Department of Planning certain growth tier designations; requiring a local 4

jurisdiction under certain circumstances to alter the contents of certain 5

elements that are required in a certain plan; authorizing a local jurisdiction to 6

submit proposed tier designations to the Department of Planning before 7

certification adoption for certain purposes; establishing certain mandatory and 8

certain discretionary provisions relating to the adoption of certain tiers by 9

certain local jurisdictions; requiring a local jurisdiction to provide 10

documentation to the Department of Planning if the jurisdiction does not adopt 11

a certain tier; requiring growth tiers certified adopted by a local jurisdiction to 12

meet certain criteria; prohibiting the approval of a residential major subdivision 13

if a local jurisdiction has established certain tiers unless a planning board 14

2 SENATE BILL 236

reviews and recommends the approval under certain circumstances; 1

establishing the requirements for the review of a residential major subdivision 2

by a planning board; requiring a planning board to hold a certain hearing under 3

certain circumstances; requiring a planning board to publish a certain notice in 4

a certain manner; requiring a planning board to provide copies of a proposed 5

major subdivision to certain units and jurisdictions within a certain period of 6

time requiring the Department of Planning to provide certain information to 7

certain State agencies and post certain information on the Department’s Web 8

site; requiring a planning board to recommend a proposed major subdivision in 9

a certain manner; requiring a planning board to send a certain resolution and 10

certain documents to the Department of the Environment and the Department 11

of Planning under certain circumstances prohibiting the Department of the 12

Environment or the Department’s designee from approving a local jurisdiction 13

from authorizing a certain residential subdivision until the local jurisdiction 14

adopts certain growth tiers; authorizing the Department or the Department’s 15

designee a local jurisdiction, if a local jurisdiction has not adopted certain 16

growth tiers, to approve a certain residential subdivision under certain 17

circumstances; authorizing the Department to extend the time period for 18

recordation of a subdivision plat in certain circumstances; establishing certain 19

requirements for the approval of a residential subdivision plat by the 20

Department of the Environment, or the Department’s designee; authorizing a 21

local jurisdiction to request a verification of a certain overall yield under certain 22

circumstances; requiring the Department of Planning to verify a certain overall 23

yield after consultation with the Maryland Sustainable Growth Commission; 24

providing for the resolution of conflicting tier designations; requiring the 25

Department of the Environment to submit a certain subdivision plat to the 26

Department of Planning for certain advice; prohibiting the Department of the 27

Environment from approving a major residential subdivision under certain 28

circumstances on or before a certain date; requiring a local jurisdiction to notify 29

provide certain information to the Department of Planning under certain 30

circumstances; authorizing the Department of the Environment to adopt certain 31

regulations to require offsets for new subdivisions requiring the Department of 32

Planning to provide a certain notification to the Department of the 33

Environment; prohibiting the subdivision or resubdivision of a certain tract or 34

parcel of land or a minor residential subdivision under certain circumstances on 35

or after a certain date; requiring the subdivision plat of a residential minor 36

subdivision to state certain information; authorizing the subdivision or 37

resubdivision of a certain tract or parcel of land or a minor residential 38

subdivision under certain circumstances on or after a certain date; authorizing 39

the owner of certain property used for agricultural activities to install certain 40

numbers of on–site sewage disposal systems in accordance with certain 41

requirements; requiring certain on–site sewage disposal systems installed on 42

certain property to be clustered together under certain circumstances; 43

authorizing a local jurisdiction to enact a local law or ordinance for the transfer 44

of certain rights of an owner to subdivide certain property used for agricultural 45

activities to the owner of certain other property used for agricultural activities 46

under certain circumstances; establishing certain requirements for the approval 47

SENATE BILL 236 3

of a shared facility or community sewerage system; requiring the Department of 1

the Environment to establish certain requirements for a shared facility and a 2

community sewerage system; defining certain terms; requiring the Department 3

of the Environment to adopt regulations to require certain residential 4

subdivisions to receive a permit; establishing certain requirements for the 5

verification by the Department of Planning of a certain yield for zoning; 6

requiring a local jurisdiction to submit to the Department of Planning on or 7

before a certain date a certain definition or description; requiring the 8

Department of Planning to prepare a list of certain definitions and descriptions 9

for publication on certain Web sites on or after a certain date; providing that 10

this Act may not be construed to limit certain authority granted to the Critical 11

Area Commission; requiring the Department of the Environment to propose 12

certain regulations by a certain date; requiring the Department of the 13

Environment to consult with certain counties and stakeholders in drafting 14

certain proposed regulations; requiring the Department of the Environment to 15

brief certain committees of the General Assembly on certain proposed 16

regulations; requiring the Department of Planning, in consultation with the 17

Department of the Environment, to submit a certain report to the General 18

Assembly by a certain date; establishing the intent of the General Assembly; 19

providing for the application of certain provisions of this Act; providing for the 20

construction of this Act; providing for the effective date of certain provisions of 21

this Act; providing for the termination of certain provisions of this Act; and 22

generally relating to the subdivision of land and planning for growth. 23

BY repealing and reenacting, with amendments, 24

Article – Environment 25

Section 9–206 26

Annotated Code of Maryland 27

(2007 Replacement Volume and 2011 Supplement) 28

BY adding to 29


Section 9–1110 31




Article 66B – Land Use 35

Section 1.00, and 1.03, 1.04(b)(1)(iv), and 3.05(a)(4)(ii) 36



BY repealing and reenacting, without amendments, 39


Section 1.04(a) and 3.05(a)(4)(i) 41



4 SENATE BILL 236

BY adding to 1


Section 1.04(b)(5), 1.05, and 3.05(a)(9) 1.06 3





Section 9–206(a)(10), (b)(2)(iv), and (d)(1) 8

Section 9–206(a)(3), (d)(1), (g)(1)(iv) and (2), and (j)(1) 9



(As enacted by Section 1 of this Act) 12


Article – Land Use 14

Section 1–401, 1–407, 3–103, and 5–104 15


(As enacted by Chapter ____ (H.B. ____ )(2lr0396) of the Acts of the General 17

Assembly of 2012) 18

BY repealing and reenacting, without amendments, 19


Section 1–405 and 3–101(a) 21




BY adding to 25


Section 1–501 through 1–507 1–509 to be under the new subtitle “Subtitle 5. 27

Growth Tiers”; and 5–104 28






Section 5–104 34


(As enacted by Chapter ____ (H.B. ___)(2lr0396) of the Acts of the General 36


Preamble 38

SENATE BILL 236 5

WHEREAS, Governor O’Malley on April 18, 2011, issued an Executive Order 1

creating the Task Force on Sustainable Growth and Wastewater Disposal, which 2

consisted of a broad cross–section of representatives from business, agriculture, 3

science, environmental advocacy, and government from throughout Maryland; and 4

WHEREAS, The Task Force was charged with recommending regulatory, 5

statutory and other actions to address the impact of major developments served by 6

on–site sewage disposal systems, commonly known as septic systems, and their effects 7

on pollution, land preservation, agri–business, and smart growth; and 8

WHEREAS, The Task Force met several times from July 2011 until November 9

2011 and created several workgroups to review, study, and make findings and 10

recommendations to the entire Task Force; and 11

WHEREAS, The Task Force reported its findings in December 2011 to the 12

Governor, the Speaker of the House, the President of the Senate, the House 13

Environmental Matters Committee and the Senate Education, Health, and 14

Environmental Affairs Committee; and 15

WHEREAS, The Sustainable Growth and Agricultural Preservation Act of 2012 16

embodies the nearly unanimous recommendations of the Task Force on planning for 17

growth served by on–site sewage disposal systems and where major subdivisions 18

served by on–site sewage disposal systems and shared facilities can be located; and 19

WHEREAS, Maryland has approximately 426,000 on–site sewage disposal 20

systems on developed parcels and roughly 411,000 of these are on residential parcels; 21

and 22

WHEREAS, On–site sewage disposal systems release nitrogen and other 23

pollutants into drinking water aquifers and other ground waters that feed surface 24

waters, including streams, rivers, and the Chesapeake Bay and Atlantic Coastal Bays; 25

and 26

WHEREAS, Maryland is expected to grow by approximately 500,000 new 27

households in the next 25 years and how that development occurs is critical for our 28

existing communities, farms, other resource lands, and waters, including the 29

Chesapeake Bay; and 30

WHEREAS, If current trends continue, 120,000 new on–site sewage disposal 31

systems will be added over the next 25 years, resulting in a 31% increase in the State’s 32

total nitrogen load from on–site sewage disposal systems; and 33

WHEREAS, The number of new households projected to use public sewerage 34

systems is three times the number projected to use on–site sewage disposal systems, 35

but the wastewater and stormwater nitrogen load from new development of on–site 36

sewage disposal systems is likely to be twice that from new development using public 37

sewerage systems; and 38

6 SENATE BILL 236

WHEREAS, In 2010 the U.S. Environmental Protection Agency (EPA) set limits 1

on the amount of nutrient and sediment pollution that can enter the Chesapeake Bay, 2

known as Total Maximum Daily Loads (TMDLs); and 3

WHEREAS, As required by EPA, Maryland submitted and EPA approved Phase 4

I Watershed Implementation Plans (WIP) which allocate the allowable pollution load 5

among different sources and identify strategies for reducing nutrients and sediments 6

that harm the Chesapeake Bay; and 7

WHEREAS, Maryland is in the process of developing the Phase II WIP, which 8

will refine the Phase I WIP and provide additional detail on pollution reductions; and 9

WHEREAS, The Phase II WIP will also identify a set of specific actions that, 10

once implemented, will achieve the reductions necessary to meet the nutrient and 11

sediment limits by 2025; and 12

WHEREAS, Without action to reduce the nitrogen loads from new development 13

served by on–site sewage disposal systems, the Phase II WIP will force other sources, 14

such as wastewater treatment plants, urban stormwater, and various agricultural 15

sources to reduce their loads even further, constraining economic growth and placing 16

additional burdens on the agricultural community and other sources; and 17

WHEREAS, The use of on–site sewage disposal systems has other land use 18

impacts such as increasing land consumption outside of growth areas and fragmenting 19

our agricultural and forest lands; and 20

WHEREAS, On–site sewage disposal systems can lead to increased public costs 21

for extending sewer service to failing systems and providing additional roads, schools, 22

and other public services; and 23

WHEREAS, Planning for growth served by on–site sewage disposal systems and 24

shared systems should be done through established planning processes such as the 25

local comprehensive plan, the water and sewer plan, and subdivision plan approval; 26

now, therefore, 27

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 28

MARYLAND, That the Laws of Maryland read as follows: 29


9–206. 31

(A) (1) IN THIS SUBSECTION SECTION THE FOLLOWING WORDS HAVE 32

THE MEANINGS INDICATED. 33

SENATE BILL 236 7

(2) “COMMUNITY SEWERAGE SYSTEM” MEANS A PUBLICLY OR 1

PRIVATELY OWNED SEWERAGE SYSTEM THAT SERVES AT LEAST TWO LOTS. 2

(3) “GROWTH TIERS” MEANS THE TIERS ADOPTED BY A LOCAL 3

JURISDICTION IN ACCORDANCE WITH ARTICLE 66B, § 1.05 OF THE CODE. 4

(3) (4) “LOT” INCLUDES A PART OF A SUBDIVISION THAT: 5

(I) IS USED OR IS INTENDED TO BE USED AS A BUILDING 6

SITE; AND 7

(II) IS NOT INTENDED TO BE FURTHER SUBDIVIDED. 8

(4) (5) “MAJOR SUBDIVISION” MEANS THE: 9

(I) THE SUBDIVISION OF LAND: INTO 10

1. INTO NEW LOTS, PLATS, BUILDING SITES, OR 11

OTHER DIVISIONS OF LAND DEFINED OR DESCRIBED AS A MAJOR SUBDIVISION 12

IN THE A LOCAL LAW AS A MAJOR SUBDIVISION ORDINANCE OR REGULATION: 13

A. THAT IS IN EFFECT ON OR BEFORE JANUARY 1, 14

2012.; OR 15

B. IF ADOPTED ON OR BEFORE DECEMBER 31, 2012, 16

IF A LOCAL JURISDICTION CHOOSES TO CREATE A DEFINITION OR DESCRIPTION 17

APPLICABLE SOLELY TO THIS SECTION OR IF A LOCAL ORDINANCE OR 18

REGULATION DOES NOT DEFINE OR DESCRIBE A MAJOR SUBDIVISION UNDER 19

ITEM A OF THIS ITEM, THAT IS ADOPTED ON OR BEFORE DECEMBER 31, 2012; 20

OR 21

2. IF A LOCAL JURISDICTION HAS NOT ADOPTED A 22

DEFINITION OR DESCRIPTION OF A MAJOR SUBDIVISION ON OR BEFORE 23

DECEMBER 31, 2012, UNDER ITEM 1 OF THIS ITEM, INTO FIVE OR MORE NEW 24

LOTS, PLATS, BUILDING SITES, OR OTHER DIVISIONS OF LAND; AND 25

(II) IF THE LOCAL ORDINANCE OR REGULATION HAS TWO 26

MULTIPLE DEFINITIONS OR DESCRIPTIONS OF A MAJOR SUBDIVISION UNDER 27

PARAGRAPH (I) OF THIS SUBSECTION, THE DEFINITION OR DESCRIPTION OF A 28

MAJOR SUBDIVISION THAT IS DETERMINED BY THE LOCAL JURISDICTION TO 29

APPLY FOR THE PURPOSES OF THIS SECTION. 30

(5) (6) “MINOR SUBDIVISION” MEANS THE: 31

8 SENATE BILL 236

(I) THE SUBDIVISION OF LAND: INTO 1

1. INTO NEW LOTS, PLATS, BUILDING SITES, OR 2

OTHER DIVISIONS OF LAND DEFINED OR DESCRIBED AS A MINOR SUBDIVISION 3

IN THE A LOCAL LAW AS A MINOR SUBDIVISION ORDINANCE OR REGULATION: 4

A. THAT IS IN EFFECT ON OR BEFORE JANUARY 1, 5

2012.; OR 6

B. IF ADOPTED ON OR BEFORE DECEMBER 31, 2012, 7

IF A LOCAL JURISDICTION CHOOSES TO CREATE A DEFINITION OR DESCRIPTION 8

APPLICABLE SOLELY TO THIS SECTION OR IF A LOCAL ORDINANCE OR 9

REGULATION DOES NOT DEFINE OR DESCRIBE A MINOR SUBDIVISION UNDER 10

ITEM A OF THIS ITEM, ADOPTED ON OR BEFORE DECEMBER 31, 2012, PROVIDED 11

THAT A MINOR SUBDIVISION DEFINED OR DESCRIBED IN THE ADOPTED 12

ORDINANCE OR REGULATION DOES NOT EXCEED SEVEN NEW LOTS, PLATS, 13

BUILDING SITES, OR OTHER DIVISIONS OF LAND; OR 14

2. IF A LOCAL JURISDICTION HAS NOT ADOPTED A 15

DEFINITION OR DESCRIPTION OF A MINOR SUBDIVISION ON OR BEFORE 16

DECEMBER 31, 2012, UNDER ITEM 1 OF THIS ITEM, INTO FEWER THAN FIVE NEW 17

LOTS, PLATS, BUILDING SITES, OR OTHER DIVISIONS OF LAND; AND 18

(II) IF THE LOCAL ORDINANCE OR REGULATION HAS TWO 19

MULTIPLE DEFINITIONS OR DESCRIPTIONS OF A MINOR SUBDIVISION UNDER 20

ITEM (I) OF THIS PARAGRAPH, THE DEFINITION OR DESCRIPTION OF A MINOR 21

SUBDIVISION THAT IS DETERMINED BY THE LOCAL JURISDICTION TO APPLY FOR 22

THE PURPOSES OF THIS SECTION. 23

(6) (7) “ON–SITE SEWAGE DISPOSAL” MEANS THE DISPOSAL OF 24

SEWAGE BENEATH THE SOIL SURFACE. 25

(7) (8) (I) “ON–SITE SEWAGE DISPOSAL SYSTEM” MEANS A 26

SEWAGE TREATMENT UNIT, COLLECTION SYSTEM, DISPOSAL AREA, AND 27

RELATED APPURTENANCES. 28

(II) “ON–SITE SEWAGE DISPOSAL SYSTEM” INCLUDES A 29

SHARED FACILITY OR COMMUNITY SEWERAGE SYSTEM THAT DISPOSES OF 30

SEWAGE EFFLUENT BENEATH THE SOIL SURFACE. 31

(9) “PUBLIC SEWER” MEANS A COMMUNITY, SHARED, OR 32

MULTIUSE SEWERAGE SYSTEM. 33

(8) (10) “SHARED FACILITY” MEANS A SEWERAGE SYSTEM THAT: 34

SENATE BILL 236 9

(I) SERVES MORE THAN ONE: 1

1. LOT AND IS OWNED IN COMMON BY THE USERS; 2

2. CONDOMINIUM UNIT AND IS OWNED IN COMMON 3

BY THE USERS OR BY A CONDOMINIUM ASSOCIATION; 4

3. USER AND IS LOCATED ON INDIVIDUAL LOTS 5

OWNED BY THE USERS; OR 6

4. USER ON ONE LOT AND IS OWNED IN COMMON BY 7

THE USERS; OR 8

(II) IS LOCATED WHOLLY OR PARTLY ON ANY OF THE 9

COMMON ELEMENTS OF A CONDOMINIUM; OR 10

(III) SERVES A HOUSING OR ANOTHER MULTIPLE 11

OWNERSHIP COOPERATIVE. 12

(11) “STATE AGENCY” MEANS: 13

(I) THE MARYLAND AGRICULTURAL LAND PRESERVATION 14

FOUNDATION; 15

(II) THE MARYLAND ENVIRONMENTAL TRUST; 16

(III) THE DEPARTMENT OF NATURAL RESOURCES; OR 17

(IV) THE MARYLAND–NATIONAL CAPITAL PARK AND 18

PLANNING COMMISSION. 19

(9) (12) (I) “SUBDIVISION” MEANS A DIVISION OF A TRACT OR 20

PARCEL OF LAND INTO AT LEAST TWO LOTS FOR THE IMMEDIATE OR FUTURE 21

PURPOSE OF SALE OR BUILDING DEVELOPMENT. 22

(II) “SUBDIVISION” INCLUDES: 23

1. A CHANGE IN STREET LINES OR LOT LINES, 24

UNLESS THE SECRETARY, OR THE SECRETARY’S DESIGNEE, DETERMINES THAT 25

THE CHANGE WILL NOT ADVERSELY AFFECT THE SAFETY AND ADEQUACY OF 26

WELL SITES OR SEWAGE DISPOSAL AREAS; OR 27

2. RESUBDIVISION. 28

10 SENATE BILL 236

(III) “SUBDIVISION” DOES NOT INCLUDE A CHANGE IN 1

STREET LINES OR LOT LINES IF THE CHANGE IN THE STREET OR LOT LINES 2

DOES NOT: 3

1. RESULT IN A NET INCREASE IN THE NUMBER OF 4

LOTS; AND 5

2. ADVERSELY AFFECT THE SAFETY AND ADEQUACY 6

OF WELL SITES OR SEWAGE DISPOSAL AREAS, AS DETERMINED BY THE 7

SECRETARY OR THE SECRETARY’S DESIGNEE. 8

(10) “TIER I”, “TIER II”, “TIER III”, AND “TIER IV” MEAN THE 9

RESPECTIVE AREAS FOR GROWTH SO DESIGNATED IN A LOCAL COMPREHENSIVE 10

PLAN ESTABLISHED BY A LOCAL JURISDICTION IN ACCORDANCE WITH ARTICLE 11

66B, § 1.04 OR § 3.05 OF THE CODE. 12

(B) (1) THIS SUBSECTION DOES SUBSECTIONS (F) THROUGH (K) AND 13

SUBSECTION (N) OF THIS SECTION APPLY TO RESIDENTIAL SUBDIVISIONS. 14

(2) SUBSECTIONS (F) THROUGH (K) AND SUBSECTION (N) OF THIS 15

SECTION: 16

(I) APPLY TO A SUBDIVISION PLAT APPROVAL BY THE 17

DEPARTMENT OR THE DEPARTMENT’S DESIGNEE; AND 18

(II) DO NOT APPLY TO A SUBDIVISION PLAT APPROVAL BY A 19

LOCAL JURISDICTION. 20

(3) (2) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 21

SUBSECTION, SUBSECTIONS SUBSECTIONS (F) THROUGH (K) DO NOT APPLY TO 22

AN APPLICATION FOR APPROVAL OF A RESIDENTIAL SUBDIVISION UNDER § 23

9–512(E) OF THIS TITLE IF: 24

(I) 1. THE APPLICATION IS MADE ON OR BEFORE JULY 25

1, 2012; AND 26

2. THE SUBDIVISION PLAT IS RECORDED ON OR 27

BEFORE DECEMBER 31, 2013; OR 28

(II) 1. THE APPLICATION IS MADE ON OR AFTER JULY 1, 29

2012; AND 30

SENATE BILL 236 11

2. THE SUBDIVISION PLAT IS RECORDED ON OR 1

BEFORE DECEMBER 31, 2012. 2

(I) 1. BY OCTOBER 1, 2012, A SUBMISSION FOR 3

PRELIMINARY PLAN APPROVAL IS MADE TO A LOCAL JURISDICTION THAT 4

INCLUDES, AT A MINIMUM, THE PRELIMINARY ENGINEERING, DENSITY, ROAD 5

NETWORK, LOT LAYOUT, AND EXISTING FEATURES OF THE PROPOSED SITE 6

DEVELOPMENT; 7

2. BY JULY 1, 2012, IN A LOCAL JURISDICTION THAT 8

REQUIRES A SOIL PERCOLATION TEST BEFORE A SUBMISSION FOR 9

PRELIMINARY APPROVAL: 10

A. AN APPLICATION FOR A SOIL PERCOLATION TEST 11

APPROVAL FOR ALL LOTS THAT WILL BE INCLUDED IN THE SUBMISSION FOR 12

PRELIMINARY APPROVAL IS MADE TO THE LOCAL HEALTH DEPARTMENT; AND 13

B. WITHIN 18 MONTHS AFTER APPROVAL OF THE 14

SOIL PERCOLATION TESTS FOR THE LOTS THAT WILL BE INCLUDED IN THE 15

SUBMISSION FOR PRELIMINARY APPROVAL, A SUBMISSION FOR PRELIMINARY 16

APPROVAL IS MADE TO A LOCAL JURISDICTION THAT INCLUDES, AT A MINIMUM, 17

THE PRELIMINARY ENGINEERING, DENSITY, ROAD NETWORK, LOT LAYOUT, AND 18

EXISTING FEATURES OF THE PROPOSED SITE DEVELOPMENT; OR 19

3. BY JULY 1, 2012, IN A LOCAL JURISDICTION THAT 20

REQUIRES A SOIL PERCOLATION TEST BEFORE A SUBMISSION FOR 21

PRELIMINARY APPROVAL AND THE LOCAL JURISDICTION DOES NOT ACCEPT 22

APPLICATIONS FOR SOIL PERCOLATION TESTS YEAR ROUND: 23

A. DOCUMENTATION THAT A MARYLAND 24

PROFESSIONAL ENGINEER OR SURVEYOR HAS PREPARED AND CERTIFIED 25

UNDER SEAL A SITE PLAN IN ANTICIPATION OF AN APPLICATION FOR SOIL 26

PERCOLATION TESTS; 27

B. AN APPLICATION FOR A SOIL PERCOLATION TEST 28

APPROVAL FOR ALL LOTS THAT WILL BE INCLUDED IN THE SUBMISSION FOR 29

PRELIMINARY APPROVAL IS MADE TO THE LOCAL HEALTH DEPARTMENT AT THE 30

NEXT AVAILABLE SOIL PERCOLATION TEST SEASON; AND 31

C. WITHIN 18 MONTHS AFTER APPROVAL OF THE 32

SOIL PERCOLATION TESTS FOR THE LOTS THAT WILL BE INCLUDED IN THE 33

SUBMISSION FOR PRELIMINARY APPROVAL, A SUBMISSION FOR PRELIMINARY 34

APPROVAL IS MADE TO A LOCAL JURISDICTION THAT INCLUDES, AT A MINIMUM, 35

12 SENATE BILL 236

THE PRELIMINARY ENGINEERING, DENSITY, ROAD NETWORK, LOT LAYOUT, AND 1

EXISTING FEATURES OF THE PROPOSED SITE DEVELOPMENT; AND 2

(II) BY OCTOBER 1, 2016, THE PRELIMINARY PLAN IS 3

APPROVED. 4

(2) (4) THE DEPARTMENT MAY EXTEND THE DATE FOR 5

RECORDATION OF A SUBDIVISION PLAT UNDER PARAGRAPH (3) OF THIS 6

SUBSECTION BY ONE ADDITIONAL 6–MONTH PERIOD IF THE APPLICANT 7

DEMONSTRATES TO THE DEPARTMENT OR THE DEPARTMENT’S DESIGNEE THAT 8

THE APPLICANT IS UNABLE TO RECORD THE PLAT BECAUSE THE APPLICANT 9

CANNOT PERFORM THE REQUIRED TESTS FOR ADEQUACY OF AN ON–SITE 10

SEWAGE DISPOSAL SYSTEM IN ACCORDANCE WITH THE REGULATIONS ADOPTED 11

BY THE DEPARTMENT. 12

(C) (1) SUBSECTIONS (F) THROUGH (K) AND SUBSECTION (N) OF THIS 13

SECTION DO NOT APPLY TO COVENANTS, RESTRICTIONS, CONDITIONS, OR 14

CONSERVATION EASEMENTS THAT WERE CREATED OR ENTERED INTO AT ANY 15

TIME UNDER § 2–118 OF THE REAL PROPERTY ARTICLE FOR THE BENEFIT OF, 16

OR HELD BY, A STATE AGENCY OR A LOCAL JURISDICTION FOR THE PURPOSE OF 17

CONSERVING NATURAL RESOURCES OR AGRICULTURAL LAND. 18

(2) SUBSECTIONS (F) THROUGH (K) OF THIS SECTION MAY NOT BE 19

CONSTRUED AS GRANTING ANY ADDITIONAL RIGHTS IN COVENANTS, 20

RESTRICTIONS, CONDITIONS, OR CONSERVATION EASEMENTS THAT WERE 21

CREATED OR ENTERED INTO AT ANY TIME UNDER § 2–118 OF THE REAL 22

PROPERTY ARTICLE FOR THE BENEFIT OF, OR HELD BY, A STATE AGENCY OR A 23

LOCAL JURISDICTION FOR THE PURPOSE OF CONSERVING NATURAL 24

RESOURCES OR AGRICULTURAL LAND. 25

(D) SUBSECTIONS (F) THROUGH (K) (I) AND SUBSECTION (N) (L) OF 26

THIS SECTION DO NOT: 27

(1) AFFECT A LOCAL TRANSFER OF DEVELOPMENT RIGHTS 28

PROGRAM AUTHORIZED UNDER ARTICLE 25A, § 5(X), ARTICLE 28, § 8–101, OR 29

ARTICLE 66B, § 11.01 OF THE CODE; OR 30

(2) DIMINISH THE LOCAL DEVELOPMENT RIGHTS TRANSFERRED 31

IN THESE TRANSFER OF DEVELOPMENT RIGHTS PROGRAMS. 32

(E) SUBSECTIONS (F) THROUGH (K) (I) AND SUBSECTION (N) (L) OF 33

THIS SECTION MAY NOT BE CONSTRUED AS PROHIBITING A LOCAL 34

JURISDICTION FROM ALTERING THE DEFINITION OR DESCRIPTION OF A MAJOR 35

SENATE BILL 236 13

OR MINOR SUBDIVISION IN A LOCAL ORDINANCE OR REGULATION FOR LOCAL 1

ZONING OR DEVELOPMENT PURPOSES. 2

(F) ON OR AFTER DECEMBER 31, 2012, THE DEPARTMENT OR THE 3

DEPARTMENT’S DESIGNEE A LOCAL JURISDICTION: 4

(1) MAY NOT APPROVE AUTHORIZE A RESIDENTIAL MAJOR 5

RESIDENTIAL SUBDIVISION SERVED BY ON–SITE SEWAGE DISPOSAL SYSTEMS, 6

COMMUNITY SEWERAGE SYSTEMS, OR SHARED SYSTEMS UNTIL THE LOCAL 7

JURISDICTION ADOPTS THE GROWTH TIERS IN ACCORDANCE WITH ARTICLE 8

66B, § 1.05 OF THE CODE; OR 9

(2) IF THE LOCAL JURISDICTION HAS NOT ADOPTED THE GROWTH 10

TIERS IN ACCORDANCE WITH ARTICLE 66B, § 1.05 OF THE CODE, MAY APPROVE 11

AUTHORIZE: 12

(I) A RESIDENTIAL MINOR RESIDENTIAL SUBDIVISION 13

SERVED BY ON–SITE SEWAGE DISPOSAL SYSTEMS IF THE RESIDENTIAL 14

SUBDIVISION OTHERWISE MEETS THE REQUIREMENTS OF THIS TITLE; OR 15

(II) A MAJOR OR MINOR SUBDIVISION SERVED BY PUBLIC 16

SEWER IN A TIER I AREA. 17

(G) (1) EXCEPT AS PROVIDED IN SUBSECTION (E)(2) (F)(2) OF THIS 18

SECTION AND SUBJECT TO SUBSECTION (I) OF THIS SECTION, THE 19

DEPARTMENT, OR THE DEPARTMENT’S DESIGNEE, MAY APPROVE A LOCAL 20

JURISDICTION MAY AUTHORIZE A RESIDENTIAL SUBDIVISION PLAT ONLY IF: 21

(I) ALL LOTS PROPOSED IN AN AREA DESIGNATED FOR 22

TIER I GROWTH WILL BE SERVED BY PUBLIC SEWER; 23

(II) ALL LOTS PROPOSED IN AN AREA DESIGNATED FOR 24

TIER II GROWTH: 25

1. WILL BE SERVED BY PUBLIC SEWER; OR 26

2. IF THE SUBDIVISION IS A MINOR SUBDIVISION, 27

MAY BE SERVED BY ON–SITE SEWAGE DISPOSAL SYSTEMS; 28

(III) EXCEPT AS PROVIDED IN SUBSECTION (C) (H) OF THIS 29

SECTION, THE SUBDIVISION IS A MINOR SUBDIVISION UTILIZING SERVED BY 30

INDIVIDUAL ON–SITE SEWAGE DISPOSAL SYSTEMS IN A TIER III OR TIER IV 31

AREA; OR 32

14 SENATE BILL 236

(IV) THE SUBDIVISION IS A MAJOR SUBDIVISION SERVED BY 1

ON–SITE SEWAGE DISPOSAL SYSTEMS, A COMMUNITY SYSTEM, OR A SHARED 2

FACILITY LOCATED IN A TIER III AREA, SUBJECT TO THE FOLLOWING: 3

1. THE SUBDIVISION AND HAS BEEN RECOMMENDED 4

BY THE LOCAL PLANNING BOARD IN ACCORDANCE WITH ARTICLE 66B, § 1.05 5

1.06 OF THE CODE; AND 6

2. IN CONSULTATION WITH THE DEPARTMENT OF 7

PLANNING IN ACCORDANCE WITH SUBSECTIONS (I) AND (J) OF THIS SECTION, 8

THE DEPARTMENT HAS DETERMINED THAT THE TIER III OR TIER IV AREA IS 9

GROWTH TIERS ARE CONSISTENT WITH: ARTICLE 66B, § 1.05 OF THE CODE. 10

A. THE REQUIREMENTS OF A TIER III OR TIER IV 11

AREA IN ARTICLE 66B, § 1.04 OR § 3.05 OF THE CODE, AS APPROPRIATE; AND 12

B. THE MUNICIPAL GROWTH ELEMENT AND THE 13

PRIORITY PRESERVATION ELEMENT, IF APPLICABLE. 14

(2) ANY DELAY IN THE APPROVAL OF A RESIDENTIAL 15

SUBDIVISION PLAT UNDER THIS SUBSECTION MAY NOT BE CONSTRUED AS 16

APPLYING TO ANY DEADLINE FOR APPROVING OR DISAPPROVING A 17

SUBDIVISION PLAT UNDER ARTICLE 28 OF THE CODE, ARTICLE 66B, § 5.04 OF 18

THE CODE, OR A LOCAL ORDINANCE. 19

(C) (H) (1) THE LIMITATION OF MINOR SUBDIVISIONS IN 20

SUBSECTION (B)(2)(III) (G)(1)(III) OF THIS SECTION DOES NOT APPLY TO A 21

LOCAL JURISDICTION, IF THE SUBDIVISION AND ZONING REQUIREMENTS IN 22

THEIR CUMULATIVE TIER IV AREAS RESULT IN A AN ACTUAL OVERALL YIELD 23

OF NOT MORE THAN ONE DWELLING UNIT PER 25 20 ACRES THAT HAS BEEN 24

VERIFIED BY THE DEPARTMENT OF PLANNING. 25

(2) A LOCAL JURISDICTION MAY REQUEST, IN WRITING, A 26

VERIFICATION OF THE ACTUAL OVERALL YIELD FROM THE DEPARTMENT OF 27

PLANNING. 28

(3) THE DEPARTMENT OF PLANNING SHALL VERIFY THE ACTUAL 29

OVERALL YIELD AFTER CONSULTATION WITH THE MARYLAND SUSTAINABLE 30

GROWTH COMMISSION, ESTABLISHED IN § 5–702 OF THE STATE FINANCE AND 31

PROCUREMENT ARTICLE. 32

(I) (1) IF TWO OR MORE LOCAL JURISDICTIONS ADOPT CONFLICTING 33

GROWTH TIER DESIGNATIONS FOR THE SAME AREA, THE DEPARTMENT AND THE 34

SENATE BILL 236 15

DEPARTMENT OF PLANNING SHALL CONFER WITH THE LOCAL JURISDICTIONS 1

TO SEEK RESOLUTION OF THE CONFLICTING DESIGNATIONS. 2

(2) IF A CONFLICT IN GROWTH TIER DESIGNATIONS IS NOT 3

RESOLVED, THE DEPARTMENT OF PLANNING SHALL RECOMMEND TO THE 4

DEPARTMENT AND THE DEPARTMENT MAY APPROVE THE PREFERRED LOCAL 5

JURISDICTION DESIGNATIONS AS DETERMINED RECOMMENDED BY THE 6

DEPARTMENT OF PLANNING BASED ON THE FOLLOWING BEST PLANNING 7

PRACTICES OR FACTORS: 8

(I) THE COMPREHENSIVE PLAN, INCLUDING THE 9

MUNICIPAL GROWTH ELEMENT, THE WATER RESOURCES ELEMENT, THE LAND 10

USE ELEMENT, AND, IF APPLICABLE, THE PRIORITY PRESERVATION ELEMENT; 11

(II) GROWTH PROJECTIONS AND DEVELOPMENT CAPACITY; 12

AND 13

(III) AVAILABILITY OF INFRASTRUCTURE. 14

(D) (J) BEFORE THE DEPARTMENT APPROVES THE INITIAL 15

SUBDIVISION PLAT FOR A MAJOR SUBDIVISION IN A TIER III AREA UNDER 16

SUBSECTION (B) (G)(1)(IV) OF THIS SECTION, THE DEPARTMENT SHALL SUBMIT 17

THE INITIAL SUBDIVISION PLAT TO THE DEPARTMENT OF PLANNING FOR 18

ADVICE ON WHETHER THE TIER III OR TIER IV AREA IS GROWTH TIERS ARE 19

CONSISTENT WITH: 20

(1) THE REQUIREMENTS OF A TIER III OR TIER IV AREA FOR THE 21

GROWTH TIERS IN ARTICLE 66B, § 1.04 OR § 3.05 § 1.05 OF THE CODE, AS 22

APPROPRIATE; AND 23

(2) THE COMPREHENSIVE PLAN, INCLUDING THE MUNICIPAL 24

GROWTH ELEMENT, THE WATER RESOURCES ELEMENT, THE LAND USE 25

ELEMENT, AND, IF APPLICABLE, THE PRIORITY PRESERVATION ELEMENT, IF 26

APPLICABLE, AND THE WATER RESOURCES ELEMENT OF THE LOCAL 27

COMPREHENSIVE PLAN. 28

(E) ON OR AFTER DECEMBER 31, 2012, THE DEPARTMENT OR THE 29

DEPARTMENT’S DESIGNEE: 30

(1) MAY NOT APPROVE A MAJOR RESIDENTIAL SUBDIVISION 31

SERVED BY ON–SITE SEWAGE DISPOSAL SYSTEMS, COMMUNITY SEWERAGE 32

SYSTEMS, OR SHARED SYSTEMS UNTIL THE LOCAL JURISDICTION AMENDS THE 33

LOCAL COMPREHENSIVE PLAN TO INCLUDE THE TIER I, TIER II, TIER III, AND 34

TIER IV AREAS; OR 35

16 SENATE BILL 236

(2) IF THE LOCAL JURISDICTION HAS NOT AMENDED THE LOCAL 1

COMPREHENSIVE PLAN TO INCLUDE TIER I, TIER II, TIER III, OR TIER IV 2

AREAS, MAY APPROVE: 3

(I) A MINOR RESIDENTIAL SUBDIVISION SERVED BY 4

ON–SITE SEWAGE DISPOSAL SYSTEMS IF THE RESIDENTIAL SUBDIVISION 5

OTHERWISE MEETS THE REQUIREMENTS OF THIS TITLE; OR 6

(II) A MAJOR OR MINOR SUBDIVISION SERVED BY PUBLIC 7

SEWER. 8

(F) (K) (1) IF A LOCAL JURISDICTION AMENDS A TIER III OR TIER 9

IV AREA, THE DEPARTMENT OF PLANNING SHALL NOTIFY THE DEPARTMENT 10

OF THE AMENDMENT. 11

(2) AFTER THE AMENDMENT OF A TIER III OR TIER IV AREA, THE 12

DEPARTMENT SHALL SEND THE FIRST SUBDIVISION PLAT FOR A MAJOR 13

SUBDIVISION IN A TIER III AREA TO THE DEPARTMENT OF PLANNING FOR 14

ADVICE UNDER SUBSECTION (D) OF THIS SECTION. 15

(3) THE APPROVAL OF THE FIRST SUBDIVISION PLAT AFTER AN 16

AMENDMENT TO A TIER III OR TIER IV AREA GROWTH TIER SHALL BE 17

COMPLETED IN ACCORDANCE WITH SUBSECTION (B) (G) OF THIS SECTION. 18

(G) THE DEPARTMENT MAY ESTABLISH REGULATIONS REQUIRING 19

NUTRIENT OFFSETS FOR ALL NEW SUBDIVISIONS. 20

[(a)] (H) (L) (J) With respect to land that is platted for subdivision, a person 21

may not offer any of the land for sale or development or erect a permanent building on 22

the land, unless there have been submitted to the Department: 23

(1) A plat of the subdivision; 24

(2) A statement of the methods, consistent with Subtitle 5 of this title, 25

by which the subdivision is to be supplied with water and sewerage service; and 26

(3) DOCUMENTATION BY THE LOCAL JURISDICTION THAT A 27

MAJOR SUBDIVISION ON–SITE SEWAGE DISPOSAL SYSTEM, A COMMUNITY 28

SEWERAGE SYSTEM, OR A SHARED FACILITY IS IN A: 29

(I) TIER III AREA AS ADOPTED BY THE LOCAL 30

JURISDICTION; OR 31

SENATE BILL 236 17

(II) TIER IV AREA IN A LOCAL JURISDICTION THAT IS 1

EXEMPT FROM THE LIMITATION OF MINOR SUBDIVISIONS AS PROVIDED IN 2

SUBSECTION (H) OF THIS SECTION; AND 3

(3) (4) Any other information that the Department requires. 4

[(b)] (I) (M) (K) On the basis of information provided under subsection [(a)] 5

(H) (L) (I) of this section, the Department may order: 6

(1) Preparation and submission, within any time the Department sets, 7

of any plans and specifications that the Department considers necessary to provide for 8

adequate water supply and sewerage service to the subdivision; and 9

(2) Installation, within any time the Department sets, of the whole or 10

any part of a water supply system or sewerage system for the subdivision that: 11

(i) Conforms to the plans submitted to the Department and to 12

any revision of the plans that the Department approves; and 13

(ii) In the judgment of the Department, is needed for the public 14

health. 15

(J) (N) (L) (1) THIS SUBSECTION APPLIES TO A RESIDENTIAL MINOR 16

RESIDENTIAL SUBDIVISION IN A TIER II, TIER III, OR TIER IV AREA. 17

(2) EXCEPT AS PROVIDED IN PARAGRAPHS (4) AND (5) OF THIS 18

SUBSECTION, ON OR AFTER DECEMBER 31, 2012, IF A TRACT OR PARCEL OF 19

LAND IS SUBDIVIDED INTO A RESIDENTIAL MINOR SUBDIVISION LEAVING ANY 20

REMAINDER PARCEL OR TRACT OF LAND: 21

(I) THE RESIDENTIAL MINOR SUBDIVISION MAY NOT BE 22

RESUBDIVIDED OR FURTHER SUBDIVIDED; AND 23

(II) THE REMAINDER PARCEL OR TRACT OF LAND MAY NOT 24

BE SUBDIVIDED. 25

(3) EXCEPT AS PROVIDED IN PARAGRAPHS (4) AND (5) OF THIS 26

SUBSECTION, ON OR AFTER DECEMBER 31, 2012, THE SUBDIVISION PLAT OF 27

THE RESIDENTIAL MINOR SUBDIVISION SHALL STATE THAT: 28

(I) THE RESIDENTIAL MINOR SUBDIVISION MAY NOT BE 29

RESUBDIVIDED OR FURTHER SUBDIVIDED; AND 30

(II) THE REMAINDER PARCEL OR TRACT OF LAND MAY NOT 31

BE SUBDIVIDED; AND 32

18 SENATE BILL 236

(III) THE SUBDIVISION PLAT IS SUBJECT TO STATE LAW AND 1

LOCAL ORDINANCES AND REGULATIONS. 2

(4) ON OR AFTER DECEMBER 31, 2012, IF A TRACT OR PARCEL OF 3

LAND IS SUBDIVIDED INTO A RESIDENTIAL MINOR SUBDIVISION, THE 4

RESIDENTIAL MINOR SUBDIVISION OR THE REMAINDER PARCEL OR TRACT OF 5

LAND MAY BE RESUBDIVIDED OR FURTHER SUBDIVIDED IF THE SUBDIVISION OR 6

THE REMAINDER PARCEL OR TRACT OF LAND IS: 7

(I) WITHIN A PRIORITY FUNDING AREA AS DEFINED IN 8

TITLE 5, SUBTITLE 7B OF THE STATE FINANCE AND PROCUREMENT ARTICLE; 9

AND 10

(II) DESIGNATED FOR PUBLIC SEWERAGE SERVICE WITHIN 11

10 YEARS IN THE APPROVED WATER AND SEWER PLAN. 12

(5) (I) A TRACT OR PARCEL OF LAND MAY BE SUBDIVIDED 13

INTO A RESIDENTIAL MINOR SUBDIVISION IN TIER II, TIER III, OR TIER IV 14

AREAS OVER TIME IF EACH TIME A NEW LOT OR PARCEL IS CREATED, THE 15

SUBDIVISION PLAT STATES THE NUMBER OF NEW LOTS, PLATS, BUILDING SITES, 16

OR OTHER DIVISIONS OF LAND THAT ARE LEFT WITH THE NUMBER OF LOTS, 17

PLATS, BUILDING SITES, OR OTHER DIVISIONS OF LAND ALLOWED AS A 18

SUBDIVISION. 19

(II) EXCEPT AS PROVIDED IN PARAGRAPH (III) OF THIS 20

PARAGRAPH, WHEN THE TRACT OR PARCEL OF LAND THAT IS SUBDIVIDED OVER 21

TIME REACHES THE TOTAL NUMBER OF LOTS, PLATS, BUILDING SITES, OR 22

OTHER DIVISIONS OF LAND THAT ARE ALLOWED AS A RESIDENTIAL MINOR 23

SUBDIVISION, THE SUBDIVISION PLAT SHALL STATE THAT: 24

1. THE RESIDENTIAL MINOR SUBDIVISION MAY NOT 25

BE RESUBDIVIDED OR FURTHER SUBDIVIDED; AND 26

2. THE REMAINDER PARCEL OR TRACT OF LAND MAY 27

NOT BE SUBDIVIDED; AND 28

3. THE SUBDIVISION PLAT IS SUBJECT TO STATE 29

LAW AND LOCAL ORDINANCES AND REGULATIONS. 30

(III) A REMAINDER PARCEL OR TRACT OF LAND MAY BE 31

SUBDIVIDED FOR NONRESIDENTIAL AGRICULTURAL PURPOSES, INCLUDING A 32

FARM MARKET, AGRICULTURAL PROCESSING FACILITY, OR CREAMERY, AND 33

SENATE BILL 236 19

THE OWNER MAY APPLY FOR APPROVAL OF AN ON–SITE SEWAGE DISPOSAL 1

SYSTEM TO SERVE THE NONRESIDENTIAL AGRICULTURAL PURPOSES. 2

(O) (M) (1) IN THIS SUBSECTION AND SUBSECTION (P) (N) OF THIS 3

SECTION, “AGRICULTURAL ACTIVITIES” INCLUDES: 4

(I) PLOWING, TILLAGE, CROPPING, SEEDING, 5

CULTIVATING, AND HARVESTING FOR THE PRODUCTION OF FOOD AND FIBER 6

PRODUCTS; AND 7

(II) THE GRAZING OF LIVESTOCK. 8

(2) THIS SUBSECTION APPLIES ONLY TO LAND THAT IS ZONED 9

FOR AGRICULTURAL USE USED FOR AGRICULTURAL ACTIVITIES IN A TIER III 10

OR TIER IV AREA. 11

(3) NOTWITHSTANDING ANY OTHER LAW EXCEPT AS PROVIDED 12

IN SUBSECTION (H) OF THIS SECTION, AN OWNER OF PROPERTY USED FOR 13

AGRICULTURAL ACTIVITIES MAY INSTALL, IF APPROVED, THE FOLLOWING 14

NUMBER OF ON–SITE SEWAGE DISPOSAL SYSTEMS: 15

(I) THREE ON–SITE SEWAGE DISPOSAL SYSTEMS FOR A 16

PROPERTY THAT IS NO MORE THAN 25 ACRES; 17

(II) FOUR ON–SITE SEWAGE DISPOSAL SYSTEMS FOR A 18

PROPERTY THAT IS AT LEAST 25 ACRES AND LESS THAN 75 ACRES; 19

(III) FIVE ON–SITE SEWAGE DISPOSAL SYSTEMS FOR A 20

PROPERTY THAT IS AT LEAST 75 ACRES AND LESS THAN 125 ACRES; 21

(IV) SIX ON–SITE SEWAGE DISPOSAL SYSTEMS FOR A 22

PROPERTY THAT IS AT LEAST 125 ACRES AND LESS THAN 175 ACRES; AND 23

(V) SEVEN ON–SITE SEWAGE DISPOSAL SYSTEMS FOR A 24

PROPERTY THAT IS 175 ACRES OR MORE. 25

(4) EXCEPT FOR AN ON–SITE SEWAGE DISPOSAL SYSTEM THAT 26

SERVES THE MAIN FARM HOUSE ON THE PROPERTY, THE ON–SITE SEWAGE 27

DISPOSAL SYSTEMS SHALL BE CLUSTERED TOGETHER. 28

(P) (N) (1) (2) A LOCAL JURISDICTION MAY ENACT A LOCAL LAW 29

OR ORDINANCE FOR THE TRANSFER OF THE RIGHT TO SUBDIVIDE, UP TO 7 30

LOTS, AS PROVIDED IN THIS SECTION, BY AN OWNER OF PROPERTY USED FOR 31

20 SENATE BILL 236

AGRICULTURAL ACTIVITIES TO THE OWNER OF ANOTHER PROPERTY USED FOR 1

AGRICULTURAL ACTIVITIES IN ACCORDANCE WITH THIS SUBSECTION. 2

(2) (3) THE LOCAL LAW OR ORDINANCE SHALL PROVIDE FOR 3

THE RECORDATION OF ANY RIGHTS TO SUBDIVIDE THAT ARE TRANSFERRED 4

UNDER THIS SUBSECTION. 5

(3) (4) A PROPERTY USED FOR AGRICULTURAL ACTIVITIES THE 6

OWNER OF WHICH RECEIVES RIGHTS TO SUBDIVIDE UNDER THIS SUBSECTION: 7

(I) IS LIMITED TO A TOTAL OF 15 LOTS; AND 8

(II) SHALL CLUSTER THE LOTS ON THE PROPERTY. 9

(4) (5) RIGHTS TO SUBDIVIDE MAY NOT BE TRANSFERRED 10

FROM THE OWNER OF PROPERTY USED FOR AGRICULTURAL ACTIVITIES IN A 11

TIER III AREA TO THE OWNER OF PROPERTY USED FOR AGRICULTURAL 12

ACTIVITIES IN A TIER IV AREA. 13

9–1110. 14

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE 15

MEANINGS INDICATED. 16



(3) “CONTROLLING AUTHORITY” MEANS A UNIT OF 19

GOVERNMENT, A BODY PUBLIC AND CORPORATE, OR AN INTERCOUNTY AGENCY 20

AUTHORIZED BY THE STATE, A COUNTY, OR A MUNICIPAL CORPORATION TO 21

PROVIDE FOR THE MANAGEMENT, OPERATION, AND MAINTENANCE OF A 22

COMMUNITY SEWERAGE SYSTEM, SHARED FACILITY, OR MULTIUSE SEWERAGE 23

SYSTEM. 24

(4) “SHARED FACILITY” MEANS A SEWERAGE SYSTEM THAT: 25

(I) SERVES MORE THAN ONE: 26

1. LOT AND IS OWNED IN COMMON BY THE USERS; 27

2. CONDOMINIUM UNIT AND IS OWNED IN COMMON 28

BY THE USERS OR BY A CONDOMINIUM ASSOCIATION; 29

SENATE BILL 236 21

3. USER AND IS LOCATED ON INDIVIDUAL LOTS 1

OWNED BY THE USERS; OR 2

4. USER ON ONE LOT AND IS OWNED IN COMMON BY 3

THE USERS; 4

(II) IS LOCATED WHOLLY OR PARTLY ON ANY OF THE 5

COMMON ELEMENTS OF A CONDOMINIUM; OR 6

(III) SERVES A HOUSING COOPERATIVE OR OTHER MULTIPLE 7

OWNERSHIP COOPERATIVE. 8

(B) THIS SECTION MAY NOT BE CONSTRUED AS REQUIRING A LOCAL 9

JURISDICTION TO: 10

(1) BE A CONTROLLING AUTHORITY; OR 11

(2) AUTHORIZE OR ALLOW THE USE OF A SHARED FACILITY OR A 12

COMMUNITY SEWERAGE SYSTEM WITHIN THE LOCAL JURISDICTION. 13

(C) A SHARED FACILITY OR COMMUNITY SEWERAGE SYSTEM MAY BE 14

APPROVED ONLY IF THE SYSTEM: 15

(1) IS MANAGED, OPERATED, AND MAINTAINED BY: 16

(I) A CONTROLLING AUTHORITY; OR 17

(II) A THIRD PARTY UNDER CONTRACT WITH THE 18

CONTROLLING AUTHORITY; AND 19

(2) DISCHARGES: 20

(I) TO THE SURFACE WATERS OF THE STATE IN 21

ACCORDANCE WITH A PERMIT ISSUED UNDER § 9–323 OF THIS TITLE; 22

(II) BY WAY OF LAND APPLICATION UNDER A NUTRIENT 23

MANAGEMENT PLAN REQUIRED UNDER § 8–803.1 OF THE AGRICULTURE 24

ARTICLE THAT ASSURES 100% OF THE NITROGEN AND PHOSPHORUS IN THE 25

APPLIED EFFLUENT WILL BE TAKEN UP BY VEGETATION; OR 26

(III) BY WAY OF AN ON–SITE SEWERAGE SYSTEM. 27

22 SENATE BILL 236

(C) THE DEPARTMENT SHALL ESTABLISH THE NUTRIENT OFFSET 1

REQUIREMENTS FOR SHARED FACILITIES AND COMMUNITY SEWERAGE 2

SYSTEMS. 3

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland 4

read as follows: 5


1.00. 7

(a) In this article the following words have the meanings indicated, except 8

where the context clearly indicates otherwise. 9

(b) “Adaptive reuse” means a change granted by a local legislative body, 10

under § 4.05 of this article, to the use restrictions in a zoning classification, as those 11

restrictions are applied to a particular improved property. 12

(c) “Development” means any activity, other than normal agricultural 13

activity, which materially affects the existing condition or use of any land or structure. 14

(d) “Development rights and responsibilities agreement” means an 15

agreement made between a governmental body of a jurisdiction and a person having a 16

legal or equitable interest in real property for the purpose of establishing conditions 17

under which development may proceed for a specified time. 18

(e) (1) “Local executive” means the chief executive of a political 19

subdivision. 20

(2) “Local executive” includes: 21

(i) A county executive; 22

(ii) A board of county commissioners; 23

(iii) An executive head; or 24

(iv) A mayor. 25

(f) (1) “Local legislative body” means the elected body of a political 26

subdivision. 27

(2) “Local legislative body” includes: 28

(i) A board of county commissioners; 29

SENATE BILL 236 23

(ii) A county council; or 1

(iii) A governing body of a municipal corporation. 2

(g) “Local jurisdiction” means a county or municipal corporation and the 3

territory within which its powers may be exercised. 4

(h) (1) “Plan” means the policies, statements, goals, and interrelated 5

plans for private and public land use, transportation, and community facilities 6

documented in texts and maps which constitute the guide for the area’s future 7

development. 8

(2) “Plan” includes a general plan, master plan, comprehensive plan, 9

or community plan adopted in accordance with §§ 1.04 and 3.01 through 3.09 of this 10

article. 11

(I) “PRIORITY FUNDING AREA” HAS THE MEANING STATED IN § 12

5–7B–02 TITLE 5, SUBTITLE 2 OF THE STATE FINANCE AND PROCUREMENT 13

ARTICLE. 14

[(i)] (J) “Regulation” means any rule of general applicability and future 15

effect, including any map or plan. 16

[(j)] (K) “Sensitive areas” includes: 17

(1) Streams, wetlands, and their buffers; 18

(2) 100–year flood plains; 19

(3) Habitats of threatened and endangered species; 20

(4) Steep slopes; 21

(5) Agricultural and forest lands intended for resource protection or 22

conservation; and 23

(6) Other areas in need of special protection, as determined in the 24

plan. 25

[(k)] (L) “Special exception” means a grant of a specific use that would not 26

be appropriate generally or without restriction and shall be based upon a finding that 27

certain conditions governing special exceptions as detailed in the zoning ordinance 28

exist, that the use is consistent with the plan and is compatible with the existing 29

neighborhood. 30

24 SENATE BILL 236

[(l)] (M) (1) “Subdivision” means the division of a lot, tract, or parcel of 1

land into two or more lots, plats, sites, or other divisions of land for the immediate or 2

future purposes of selling the land or of building development. 3

(2) (i) “Subdivision” includes resubdivision. 4

(ii) As appropriate to the context, “subdivision” may include 5

either the process of resubdividing or the land or territory resubdivided. 6

[(m)] (N) “Variance” means a modification only of density, bulk, or area 7

requirements in the zoning ordinance that is: 8

(1) Not contrary to the public interest; and 9

(2) Specified by the local governing body in a zoning ordinance to avoid 10

a literal enforcement of the ordinance that, because of conditions peculiar to the 11

property and not any action taken by the applicant, would result in unnecessary 12

hardship or practical difficulty. 13

1.03. 14

(a) Except as provided in this section, this article does not apply to charter 15

counties. 16

(b) The following sections of this article apply to a charter county: 17

(1) [§ 1.00(j) (Definition of “sensitive areas”)] § 1.00(H), (I), AND (K), 18

AND (M) (DEFINITIONS OF “PLAN”, “PRIORITY FUNDING AREA”, AND 19

“SENSITIVE AREAS”, ); AND “SUBDIVISION”); 20

(2) § 1.01 (Visions); 21

(3) § 1.02 (Consistency with comprehensive plans); 22

(4) § 1.04 (Charter county – Comprehensive plans); 23

(5) § 1.05 (ADOPTION OF GROWTH TIERS); 24

(6) § 1.06 (MAJOR SUBDIVISION – REVIEW); 25

[(5)] (6) (7) § 3.02(h) (Planning Commission – Education); 26

[(6)] (7) (8) § 3.09 (Annual report – Preparation and filing); 27

[(7)] (8) (9) § 3.10 (Annual report – Smart Growth goals, measures, and 28

indicators); 29

SENATE BILL 236 25

[(8)] (9) (10) § 4.01(b)(2) (Regulation of bicycle parking); 1

[(9)] (10) (11) § 4.04(c) (Exceptions related to the Maryland 2

Accessibility Code); 3

[(10)] (11) (12) § 4.07(i) (Board of Appeals – Education); 4

[(11)] (12) (13) § 5.03(d) (Easements for burial sites); 5

[(12)] (13) (14) § 7.02 (Civil penalty for zoning violation); 6

[(13)] (14) (15) § 10.01 (Adequate Public Facilities Ordinances); 7

[(14)] (15) (16) § 11.01 (Transfer of Development Rights); 8

[(15)] (16) (17) § 12.01 (Inclusionary Zoning); 9

[(16)] (17) (18) Except in Montgomery County or Prince George’s 10

County, § 13.01 (Development rights and responsibilities agreements); 11

[(17)] (18) (19) For Baltimore County only, § 14.02; and 12

[(18)] (19) (20) For Howard County only, § 14.06.1. 13

(c) This section supersedes any inconsistent provision of Article 28 of the 14

Code. 15

1.04. 16

(a) A charter county shall enact, adopt, amend, and execute a plan as 17

provided in this section. 18

(b) (1) When developing a comprehensive plan for a charter county, a 19

planning commission shall include: 20

(iv) An element which contains the planning commission’s 21

recommendation for land development regulations to implement the comprehensive 22

plan and which [encourages]: 23

1. ENCOURAGES: 24

[1.] A. Streamlined review of applications for 25

development, including permit review and subdivision plat review within the areas 26

designated for growth in the comprehensive plan; 27

26 SENATE BILL 236

[2.] B. The use of flexible development regulations to 1

promote innovative and cost–saving site design and protect the environment; and 2

[3.] C. Economic development in areas designated for 3

growth in the comprehensive plan through the use of innovative techniques; [and] 4

2. MAY INCLUDE MAPPED AREAS DESIGNATED FOR 5

TIER I GROWTH IF THE TIER I AREAS ARE PRIORITY FUNDING AREAS THAT 6

HAVE RECEIVED NO COMMENTS FROM THE DEPARTMENT OF PLANNING AND 7

ARE: 8

A. SERVED BY COMMUNITY, SHARED, OR MULTIUSE 9

SEWERAGE SYSTEMS; OR 10

B. PLANNED TO BE SERVED BY COMMUNITY, 11

SHARED, OR MULTIUSE SEWERAGE SYSTEMS; 12


TIER II GROWTH IF THE TIER II AREAS ARE PLANNED TO BE SERVED BY 14

COMMUNITY, SHARED, AND MULTIUSE SEWERAGE SYSTEMS AND: 15

A. I. ARE PRIORITY FUNDING AREAS THAT HAVE 16

BEEN COMMENTED ON BY THE DEPARTMENT OF PLANNING; OR 17

II. ARE MAPPED LOCALLY DESIGNATED GROWTH 18

AREAS; AND 19

B. THE TIER II AREAS ARE NEEDED TO SATISFY 20

DEMAND FOR DEVELOPMENT AT DENSITIES CONSISTENT WITH THE LONG–TERM 21

DEVELOPMENT POLICY AFTER CONSIDERATION OF THE CAPACITY OF LAND 22

AREAS AVAILABLE FOR DEVELOPMENT, INCLUDING IN–FILL AND 23

REDEVELOPMENT, WITHIN THE LOCAL JURISDICTION; 24


TIER III GROWTH IF: 26

A. THE TIER III AREAS ARE NOT PLANNED FOR 27

SEWERAGE SERVICE; AND 28

B. THE AREAS ARE PRIORITY FUNDING AREAS, 29

MAPPED LOCALLY DESIGNATED GROWTH AREAS, OR AREAS PLANNED AND 30

ZONED FOR LARGE LOT AND RURAL DEVELOPMENT THAT: 31

SENATE BILL 236 27

I. ARE NOT PLANNED OR ZONED FOR 1

AGRICULTURAL PROTECTION, RURAL PROTECTION, RESOURCE PROTECTION OR 2

SIMILAR ZONES WITH THE PRIMARY PURPOSE BEING LAND PRESERVATION; 3

II. ARE DOMINATED BY EXISTING LOW DENSITY 4

DEVELOPMENT; OR 5

III. ARE AREAS NOT DOMINATED BY FARMLAND OR 6

FOREST LAND; AND 7


TIER IV GROWTH IF THE TIER IV AREAS ARE NOT PLANNED FOR SEWERAGE 9

SERVICE AND ARE: 10

A. AREAS PLANNED OR ZONED FOR LAND 11

PRESERVATION, AGRICULTURAL PRESERVATION, OR RESOURCE 12

CONSERVATION; 13

B. AREAS DOMINATED BY AGRICULTURAL LANDS, 14

FOREST LANDS, OR OTHER NATURAL AREAS; OR 15

C. RURAL LEGACY AREAS, PRIORITY PRESERVATION 16

AREAS, AREAS MAPPED FOR ECOLOGICAL PRESERVATION BY THE DEPARTMENT 17

OF NATURAL RESOURCES AT THE TIME OF THE ADOPTION OF THE PLAN OR 18

AMENDMENT OR AREAS MAPPED FOR AGRICULTURAL PRESERVATION BY THE 19

DEPARTMENT OF PLANNING AT THE TIME OF THE ADOPTION OF THE PLAN OR 20

AMENDMENT. 21

(5) (I) IF A LOCAL JURISDICTION PROPOSES TIERS IN THE 22

PLAN UNDER PARAGRAPH (1)(IV) OF THIS SUBSECTION, THE LOCAL 23

JURISDICTION SHALL PROVIDE TO THE DEPARTMENT OF PLANNING A 24

DESCRIPTION OF THE PROPOSED TIERS NOT LESS THAN 60 DAYS BEFORE THE 25

PUBLIC HEARING ON THE TIERS. 26

(II) IF THE PLAN INCLUDES TIER I, TIER II, TIER III, OR 27

TIER IV AREAS, THE LOCAL JURISDICTION SHALL PROVIDE TO THE 28

DEPARTMENT OF PLANNING ALL INFORMATION NECESSARY TO DEMONSTRATE 29

THE PRECISE LOCATION OF THE AREA, INCLUDING A MAP OF THE AREA 30

SHOWING PLANNING AND ZONING CHARACTERISTICS, AND EXISTING AND 31

PLANNED WATER AND SEWER SERVICES AS APPROPRIATE. 32

(III) THE DEPARTMENT OF PLANNING, AS APPROPRIATE, 33

SHALL PROVIDE TO EACH STATE UNIT THAT APPROVES SUBDIVISION PLANS 34

COPIES OF MAPS ILLUSTRATING: 35

28 SENATE BILL 236

1. THE TIERS IDENTIFIED BY THE LOCAL 1

JURISDICTION; AND 2

2. ANY COMMENTS BY THE DEPARTMENT OF 3

PLANNING ON THE AREAS IDENTIFIED. 4

1.05. 5

(A) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS 6

INDICATED. 7

(1) “PLANNING BOARD” MEANS A PLANNING BOARD 8

ESTABLISHED UNDER THIS ARTICLE. 9

(2) “PLANNING BOARD” INCLUDES A PLANNING COMMISSION OR 10

BOARD ESTABLISHED UNDER ARTICLE 25A OR ARTICLE 28 OF THE CODE. 11

(B) ON OR BEFORE DECEMBER 31, 2012, A LOCAL JURISDICTION MAY 12

CERTIFY TO THE DEPARTMENT OF PLANNING ADOPT THE MAPPED GROWTH 13

TIERS DESIGNATED BY THE LOCAL JURISDICTION IN ACCORDANCE WITH THIS 14

SECTION. 15

(B) (C) BEFORE CERTIFICATION ADOPTION OF THE GROWTH TIERS, A 16

LOCAL JURISDICTION MAY SUBMIT THE PROPOSED TIERS AND ANY RELEVANT 17

INFORMATION TO THE DEPARTMENT OF PLANNING FOR: 18

(1) TECHNICAL ASSISTANCE, REVIEW, AND COMMENT; AND 19

(2) THE OPPORTUNITY FOR PUBLIC REVIEW. 20

(C) (D) ON CERTIFICATION AFTER ADOPTION OF THE GROWTH TIERS, 21

THE LOCAL JURISDICTION SHALL PROVIDE TO THE DEPARTMENT OF PLANNING 22

ALL INFORMATION NECESSARY TO DEMONSTRATE THE PRECISE LOCATION OF 23

THE TIERS, INCLUDING, AS APPROPRIATE: 24

(1) A MAP OF THE AREA SHOWING PLANNING AND ZONING 25

CHARACTERISTICS OF EACH TIER; AND 26

(2) EXISTING AND PLANNED WATER AND SEWER SERVICES. 27

(D) (E) THE DEPARTMENT OF PLANNING, AS APPROPRIATE, SHALL 28

PROVIDE TO EACH STATE AGENCY AND POST ON THE DEPARTMENT OF 29

PLANNING’S WEB SITE, COPIES OF MAPS ILLUSTRATING: 30

SENATE BILL 236 29

(1) GROWTH TIERS CERTIFIED BY LOCAL JURISDICTIONS; AND 1

(2) ANY COMMENTS BY THE DEPARTMENT OF PLANNING ON THE 2

CERTIFIED TIERS MAY COMMENT ON THE GROWTH TIERS ADOPTED BY THE 3

LOCAL JURISDICTIONS. 4

(E) (F) (1) SUBJECT TO PARAGRAPHS (2), (3), AND (4) OF THIS 5

SUBSECTION, A LOCAL JURISDICTION THAT CHOOSES TO CERTIFY ADOPT 6

GROWTH TIERS TO THE DEPARTMENT OF PLANNING IS NOT REQUIRED TO 7

ADOPT ALL OF THE TIERS. 8

(2) A MUNICIPAL CORPORATION THAT EXERCISES PLANNING AND 9

ZONING AUTHORITY SHALL ADOPT TIER I AND MAY ADOPT TIER II. 10

(3) A COUNTY SHALL ADOPT TIERS I, III, AND IV, AND MAY 11

ADOPT TIER II. 12

(4) IF A LOCAL JURISDICTION DOES NOT ADOPT ALL OF THE 13

TIERS AUTHORIZED UNDER THIS SECTION, THE LOCAL JURISDICTION SHALL 14

PROVIDE DOCUMENTATION TO THE DEPARTMENT OF PLANNING OF DOCUMENT 15

THE REASONS THE JURISDICTION IS NOT ADOPTING A PARTICULAR TIER. 16

(G) (1) IF THE DEPARTMENT OF PLANNING COMMENTS UNDER 17

SUBSECTION (E) OF THIS SECTION ON ANY OF THE TIERS OR ON AN AREA WITHIN 18

ONE OF THE TIERS, THE LOCAL LEGISLATIVE BODY OR THE PLANNING BOARD 19

SHALL HOLD AT LEAST ONE PUBLIC HEARING ON THE COMMENTS BY THE 20

DEPARTMENT OF PLANNING. 21

(2) THE LOCAL LEGISLATIVE BODY OR THE PLANNING BOARD 22

SHALL REVIEW THE MAPPED GROWTH TIERS ADOPTED BY THE LOCAL 23

JURISDICTION IN LIGHT OF THE COMMENTS BY THE DEPARTMENT OF 24

PLANNING. 25

(3) IF THE PLANNING BOARD HOLDS THE PUBLIC HEARING 26

UNDER PARAGRAPH (1) OF THIS SECTION, AFTER THE PUBLIC HEARING AND 27

THE CONSIDERATION OF THE COMMENTS BY THE DEPARTMENT OF PLANNING, 28

THE PLANNING BOARD SHALL RECOMMEND TO THE LOCAL JURISDICTION THAT 29

EITHER THE TIERS OR AN AREA WITHIN THE TIERS: 30

(I) BE CHANGED; OR 31

(II) THAT THE ADOPTED TIERS REMAIN UNCHANGED. 32

30 SENATE BILL 236

(4) IF THE PLANNING BOARD RECOMMENDS THAT THE TIERS OR 1

AN AREA WITHIN THE TIERS BE CHANGED UNDER PARAGRAPH (3) OF THIS 2

SUBSECTION, THE PLANNING BOARD SHALL PROVIDE THE RECOMMENDED 3

MAPPED GROWTH TIER CHANGES TO THE LOCAL JURISDICTION. 4

(F) (H) THE GROWTH TIERS CERTIFIED ADOPTED BY A LOCAL 5

JURISDICTION SHALL MEET THE FOLLOWING CRITERIA: 6

(1) TIER I AREAS ARE AREAS THAT ARE: 7

(I) SERVED BY PUBLIC SEWERAGE SYSTEMS AND MAPPED 8

LOCALLY DESIGNATED GROWTH AREAS; OR 9

(II) A MUNICIPAL CORPORATION THAT IS A PRIORITY 10

FUNDING AREA THAT IS SERVED BY PUBLIC SEWERAGE SYSTEMS; 11

(2) TIER II AREAS ARE AREAS THAT ARE: 12

(I) 1. PLANNED TO BE SERVED BY PUBLIC SEWERAGE 13

SYSTEMS AND IN THE MUNICIPAL GROWTH ELEMENT; OR 14

2. MAPPED LOCALLY DESIGNATED GROWTH AREAS; 15

AND 16

(II) NEEDED TO SATISFY DEMAND FOR DEVELOPMENT AT 17

DENSITIES CONSISTENT WITH THE LONG–TERM DEVELOPMENT POLICY AFTER 18

CONSIDERATION OF THE CAPACITY OF LAND AREAS AVAILABLE FOR 19

DEVELOPMENT, INCLUDING IN–FILL AND REDEVELOPMENT, WITHIN THE LOCAL 20

JURISDICTION; 21

(3) TIER III AREAS ARE AREAS THAT ARE: 22

(I) NOT ARE NOT PLANNED FOR SEWERAGE SERVICE AND 23

NOT DOMINATED BY AGRICULTURAL OR FOREST LAND; AND 24

(II) ARE NOT PLANNED OR ZONED BY A LOCAL 25

JURISDICTION FOR LAND, AGRICULTURAL, OR RESOURCE PROTECTION, 26

PRESERVATION, OR CONSERVATION; AND 27

(II) (III) ONE ARE ONE OF THE FOLLOWING: 28

1. MUNICIPAL CORPORATIONS NOT SERVED BY A 29

PUBLIC SEWERAGE SYSTEM; 30

SENATE BILL 236 31

2. ESTABLISHED COMMUNITIES PLANNED AND 1

ZONED FOR DEVELOPMENT; 2

3. 2. RURAL VILLAGES AS DESCRIBED IN § 5–7B–03(F) 3

OF THE STATE FINANCE AND PROCUREMENT ARTICLE; OR 4

4. 3. MAPPED LOCALLY DESIGNATED GROWTH AREAS; 5

OR 6

4. AREAS PLANNED AND ZONED FOR LARGE LOT AND 7

RURAL DEVELOPMENT; AND 8

(III) ADJOINING AND CONTIGUOUS TO ONE OF THE 9

FOLLOWING: 10


WASTEWATER TREATMENT PLANT; 12


ZONED FOR DEVELOPMENT; OR 14

3. RURAL VILLAGES AS DESCRIBED IN § 5–7B–03(F) 15

OF THE STATE FINANCE AND PROCUREMENT ARTICLE; AND 16

(4) TIER IV AREAS ARE AREAS THAT ARE NOT PLANNED FOR 17

SEWERAGE SERVICE AND ARE: 18

(I) AREAS PLANNED OR ZONED BY A LOCAL JURISDICTION 19

FOR LAND, AGRICULTURAL, OR RESOURCE PROTECTION, PRESERVATION, OR 20

CONSERVATION; 21

(II) AREAS DOMINATED BY AGRICULTURAL LANDS, FOREST 22

LANDS, OR OTHER NATURAL AREAS; OR 23

(III) 1. RURAL LEGACY AREAS, PRIORITY PRESERVATION 24

AREAS, OR AREAS MAPPED FOR ECOLOGICAL PRESERVATION BY THE 25

DEPARTMENT OF NATURAL RESOURCES AT THE TIME OF THE ADOPTION OF 26

THE PLAN OR AMENDMENT; OR 27

2. AREAS MAPPED FOR AGRICULTURAL 28

PRESERVATION BY THE DEPARTMENT OF PLANNING AT THE TIME OF THE 29

ADOPTION OF THE PLAN OR AMENDMENT SUBJECT TO COVENANTS, 30

RESTRICTIONS, CONDITIONS, OR CONSERVATION EASEMENTS FOR THE BENEFIT 31

OF, OR HELD BY A STATE AGENCY, AS DEFINED IN § 9–206 OF THE 32

32 SENATE BILL 236

ENVIRONMENT ARTICLE, OR A LOCAL JURISDICTION FOR THE PURPOSE OF 1


(G) (1) A LOCAL JURISDICTION SHALL STRIVE TO AVOID CREATING A 3

TIER III AREA THAT IS BOUNDED ON ALL SIDES BY LAND IN A TIER IV AREA. 4

(2) IF AN AREA NOT PLANNED FOR SEWERAGE SERVICE DOES NOT 5

MEET THE DESCRIPTION OF A TIER III OR TIER IV AREA, THEN THE AREA IS A 6

TIER IV AREA. 7

(H) (1) A LOCAL JURISDICTION THAT CERTIFIES ADOPTS GROWTH 8

TIERS TO THE DEPARTMENT OF PLANNING SHALL INCORPORATE THE TIERS 9

INTO THE LOCAL COMPREHENSIVE PLAN OR AN ELEMENT OF THE PLAN: 10

(I) WHEN THE LOCAL JURISDICTION CONDUCTS THE 11

6–YEAR REVIEW OF THE PLAN UNDER §§ 1.04(D) AND 3.05(B) OF THIS ARTICLE; 12

AND 13

(II) IN ACCORDANCE WITH THE REQUIREMENTS OF THIS 14

SECTION. 15

(2) IF A LOCAL JURISDICTION DOES NOT INCORPORATE ALL OF 16

THE GROWTH TIERS AUTHORIZED UNDER THIS SECTION INTO THE LOCAL 17

COMPREHENSIVE PLAN OR AN ELEMENT OF THE PLAN, THE LOCAL 18

JURISDICTION SHALL STATE THAT A TIER IS NOT ADOPTED. 19

1.06. 20





(3) “MAJOR SUBDIVISION” MEANS THE SUBDIVISION OF LAND 25

INTO NEW LOTS, PLATS, BUILDING SITES, OR OTHER DIVISIONS OF LAND 26

DEFINED IN LOCAL LAW AS A MAJOR SUBDIVISION IN EFFECT BEFORE JANUARY 27

1, 2012 HAS THE MEANING STATED IN § 9–206 OF THE ENVIRONMENT ARTICLE. 28

(4) “ON–SITE SEWAGE DISPOSAL SYSTEM” HAS THE MEANING 29

STATED IN § 9–206 OF THE ENVIRONMENT ARTICLE. 30

(5) “SHARED FACILITY” HAS THE MEANING STATED IN § 9–206 OF 31

THE ENVIRONMENT ARTICLE. 32

SENATE BILL 236 33

(6) (5) (I) “PLANNING BOARD” MEANS A PLANNING BOARD 1


(II) “PLANNING BOARD” INCLUDES A PLANNING 3

COMMISSION OR BOARD ESTABLISHED UNDER ARTICLE 25A OR ARTICLE 28 OF 4

THE CODE. 5



(B) THIS SECTION APPLIES ONLY TO A RESIDENTIAL MAJOR 8

SUBDIVISION IN A TIER III AREA SERVED BY: 9

(1) ON–SITE SEWAGE DISPOSAL SYSTEMS; 10

(2) A SHARED FACILITY; OR 11

(3) A COMMUNITY SEWERAGE SYSTEM. 12

(C) IF A LOCAL JURISDICTION ESTABLISHES TIERS FOR THE GROWTH IN 13

THE LAND DEVELOPMENT ELEMENT OF THE PLAN TIERS UNDER § 1.04 § 1.05 OF 14

THIS SUBHEADING OR § 3.05 OF THIS ARTICLE, A RESIDENTIAL MAJOR 15

SUBDIVISION IN A TIER III AREA MAY NOT BE APPROVED UNLESS THE 16

PLANNING BOARD HAS REVIEWED AND RECOMMENDED THE APPROVAL OF THE 17

MAJOR SUBDIVISION IN A THE TIER III AREA SERVED BY: 18


(2) A COMMUNITY SEWERAGE SYSTEM; OR 20

(3) A SHARED FACILITY. 21

(C) (D) (1) BEFORE RECOMMENDING THE APPROVAL OF A 22

PROPOSED MAJOR SUBDIVISION SERVED BY ON–SITE SEWAGE DISPOSAL 23

SYSTEMS, A COMMUNITY SEWERAGE SYSTEM, OR A SHARED FACILITY IN A TIER 24

III AREA, THE PLANNING BOARD SHALL HOLD AT LEAST ONE PUBLIC HEARING. 25

(2) THE PLANNING BOARD SHALL CONDUCT THE PUBLIC 26

HEARING IN ACCORDANCE WITH ITS RULES AND PROCEDURES. 27

(D) (E) THE REVIEW OF THE A RESIDENTIAL MAJOR SUBDIVISION BY 28

THE PLANNING BOARD SHALL INCLUDE: 29

34 SENATE BILL 236

(1) THE COST OF PROVIDING LOCAL GOVERNMENTAL SERVICES 1

TO THE RESIDENTIAL MAJOR SUBDIVISION UNLESS A LOCAL JURISDICTION’S 2

ADEQUATE PUBLIC FACILITIES ORDINANCE ALREADY REQUIRES A REVIEW OF 3

GOVERNMENT SERVICES; AND 4

(2) THE POTENTIAL ENVIRONMENTAL IMPACT OF ISSUES OR A 5

NATURAL RESOURCES INVENTORY RELATED TO THE PROPOSED RESIDENTIAL 6

MAJOR SUBDIVISION; AND 7

(3) ANY NUTRIENT OFFSETS, ACCORDING TO IF REQUIRED BY 8

STATE POLICY, THAT WILL BE REQUIRED FOR THE AS A RESULT OF THE 9

APPROVAL OF THE PROPOSED RESIDENTIAL MAJOR SUBDIVISION. 10

(E) (F) THE PLANNING BOARD SHALL RECOMMEND THE PROPOSED 11

RESIDENTIAL MAJOR SUBDIVISION BY RESOLUTION OF THE PLANNING BOARD. 12

3.05. 13

(a) (4) The plan shall contain at a minimum the following elements: 14

(i) A statement of goals and objectives, principles, policies, and 15

standards, which shall serve as a guide for the development and economic and social 16

well–being of the local jurisdiction; 17

(ii) A land use plan element, which: 18

1. Shall propose the most appropriate and desirable 19

patterns for the general location, character, extent, and interrelationship of the uses of 20

public and private land, on a schedule that extends as far into the future as is 21

reasonable; [and] 22

2. May include public and private, residential, 23

commercial, industrial, agricultural, forestry, in accordance with § 5–101 of the 24

Natural Resources Article, and recreational land uses; 25


TIER I GROWTH IF THE TIER I AREAS ARE PRIORITY FUNDING AREAS THAT 27

HAVE RECEIVED NO COMMENTS FROM THE DEPARTMENT OF PLANNING AND 28

ARE: 29

A. SERVED BY COMMUNITY, SHARED, OR MULTIUSE 30


B. PLANNED TO BE SERVED BY COMMUNITY, 32


SENATE BILL 236 35


TIER II GROWTH IF THE TIER II AREAS ARE: 2

A. PLANNED TO BE SERVED BY COMMUNITY, 3

SHARED, AND MULTIUSE SEWERAGE SYSTEMS; 4

B. NEEDED TO SATISFY DEMAND FOR DEVELOPMENT 5

AT DENSITIES CONSISTENT WITH THE LONG–TERM DEVELOPMENT POLICY 6

AFTER CONSIDERATION OF THE CAPACITY OF LAND AREAS AVAILABLE FOR 7


JURISDICTION; AND 9

C. I. PRIORITY FUNDING AREAS THAT HAVE 10

BEEN COMMENTED ON BY THE DEPARTMENT OF PLANNING; OR 11

II. MAPPED LOCALLY DESIGNATED GROWTH AREAS; 12


TIER III GROWTH IF: 14

A. THE TIER III AREAS ARE NOT PLANNED FOR 15

SEWERAGE SERVICE; AND 16

B. THE AREAS ARE PRIORITY FUNDING AREAS, 17

MAPPED LOCALLY DESIGNATED GROWTH AREAS, OR AREAS PLANNED AND 18

ZONED FOR LARGE LOT AND RURAL DEVELOPMENT THAT: 19

I. ARE NOT PLANNED OR ZONED FOR 20

AGRICULTURAL PROTECTION, RURAL PROTECTION, RESOURCE PROTECTION OR 21

SIMILAR ZONES WITH THE PRIMARY PURPOSE BEING LAND PRESERVATION; 22

II. ARE DOMINATED BY EXISTING LOW DENSITY 23

DEVELOPMENT; OR 24

III. ARE AREAS NOT DOMINATED BY FARMLAND OR 25

FOREST LAND; AND 26


TIER IV GROWTH IF THE TIER IV AREAS ARE NOT PLANNED FOR SEWERAGE 28

SERVICE AND ARE: 29

36 SENATE BILL 236

A. AREAS PLANNED OR ZONED FOR LAND 1


CONSERVATION; 3

B. AREAS DOMINATED BY AGRICULTURAL LANDS, 4

FOREST LANDS, OR OTHER NATURAL AREAS; OR 5

C. RURAL LEGACY AREAS, PRIORITY PRESERVATION 6

AREAS, AREAS MAPPED FOR ECOLOGICAL PRESERVATION BY THE DEPARTMENT 7

OF NATURAL RESOURCES AT THE TIME OF THE ADOPTION OF THE PLAN OR 8

AMENDMENT OR AREAS MAPPED FOR AGRICULTURAL PRESERVATION BY THE 9

DEPARTMENT OF PLANNING AT THE TIME OF THE ADOPTION OF THE PLAN OR 10

AMENDMENT. 11

(9) (I) IF A LOCAL JURISDICTION PROPOSES TIERS IN THE 12

PLAN UNDER PARAGRAPH (4)(II) OF THIS SUBSECTION, THE LOCAL 13

JURISDICTION SHALL PROVIDE TO THE DEPARTMENT OF PLANNING A 14

DESCRIPTION OF THE PROPOSED TIERS NOT LESS THAN 60 DAYS BEFORE THE 15

PUBLIC HEARING ON THE TIERS. 16

(II) IF THE PLAN INCLUDES TIER I, TIER II, TIER III, OR 17

TIER IV AREAS, THE LOCAL JURISDICTION SHALL PROVIDE TO THE 18

DEPARTMENT OF PLANNING ALL INFORMATION NECESSARY TO DEMONSTRATE 19

THE PRECISE LOCATION OF EACH AREA, INCLUDING A MAP OF THE AREA 20

SHOWING PLANNING AND ZONING CHARACTERISTICS, AND EXISTING AND 21

PLANNED WATER AND SEWER SERVICES AS APPROPRIATE. 22

(III) THE DEPARTMENT OF PLANNING, AS APPROPRIATE, 23

SHALL PROVIDE TO EACH STATE UNIT THAT APPROVES SUBDIVISION PLANS 24

COPIES OF MAPS ILLUSTRATING: 25

1. THE TIERS IDENTIFIED BY THE LOCAL 26

JURISDICTION; AND 27

2. ANY COMMENTS BY THE DEPARTMENT OF 28

PLANNING ON THE AREAS IDENTIFIED. 29

SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland 30

read as follows: 31


9–206. 33

SENATE BILL 236 37

(a) (10) (3) “Tier I”, “Tier II”, “Tier III”, and “Tier IV” mean the 1

respective areas for growth so designated in THE DEVELOPMENT REGULATIONS 2

ELEMENT OF a local comprehensive plan established by a local jurisdiction in 3

accordance with [Article 66B, § 1.04 or § 3.05 of the Code] § 1–407 OR § 3–103 4

“Growth tiers” means the tiers adopted by a local jurisdiction in accordance with 5

[Article 66B, § 1.05 of the Code] TITLE 1, SUBTITLE 5 OF THE LAND USE ARTICLE. 6

(d) Subsections (f) through (k) and subsection (n) of this section do not: 7

(1) Affect a local transfer of development rights program authorized 8

under Article 25A, § 5(x) [, Article 28, § 8–101, or Article 66B, § 11.01] of the Code OR 9

TITLE 7, SUBTITLE 2 OR § 22–105 OF THE LAND USE ARTICLE; or 10

(b) (2) (G) (g) (1) Except as provided in subsection (e)(2) (H)(2) (f)(2) of 11

this section, the Department, or the Department’s designee, may only approve and 12

subject to subsection (i) of this section, a local jurisdiction may authorize a residential 13

subdivision plat ONLY only if: 14

(iv) The subdivision is a major subdivision served by on–site 15

sewage disposal systems, a community system, or a shared facility located in a Tier III 16

area, subject to the following: 17

1. The subdivision has been recommended by the local 18

planning board in accordance with [Article 66B, § 1.05 1.06 of the Code] § 5–104 OF 19

THE LAND USE ARTICLE; and 20

2. In consultation with the Department of Planning IN 21

ACCORDANCE WITH SUBSECTIONS (I) AND (J) OF THIS SECTION, the Department 22

has determined that the Tier III or Tier IV area is GROWTH TIERS ARE consistent 23

with: [Article 66B, § 1.05 of the Code] TITLE 1, SUBTITLE 5 OF THE LAND USE 24

ARTICLE 25

A. The requirements of a Tier III or Tier IV area in 26

[Article 66B, § 1.04 or § 3.05 of the Code] § 1–407 OR § 3–103 OF THE LAND USE 27

ARTICLE, as appropriate; and 28

B. The municipal growth element and the priority 29

preservation element, if applicable. 30

(2) Any delay in the approval of a residential subdivision plat under 31

this section may not be construed as applying to any deadline for approving or 32

disapproving a subdivision plat under [Article 66B, § 5.04 of the Code] ARTICLE 28 33

OF THE CODE, § 5–201 OF THE LAND USE ARTICLE, or a local ordinance. 34

38 SENATE BILL 236

(d) (J) Before the Department approves the initial subdivision plat FOR A 1

MAJOR SUBDIVISION IN A TIER III AREA under subsection (b) (D) of this section, 2

the Department shall submit the initial subdivision plat to the Department of 3

Planning for advice on whether the Tier III or Tier IV area is GROWTH TIERS ARE 4

consistent with: 5

(1) The requirements of a Tier III or Tier IV area THE TIERS in 6

[Article 66B, § 1.04 or § 3.05 of the Code] § 1–407 OR § 3–103 TITLE 1, SUBTITLE 5 7

OF THE LAND USE ARTICLE, as appropriate; and 8


1–401. 10

(a) Except as provided in this section, this division does not apply to charter 11

counties. 12

(b) The following provisions of this division apply to a charter county: 13

(1) this subtitle, including Parts II and III (Charter county – 14

Comprehensive plans); 15

(2) § [1–101(o)] 1–101(L), (M), AND (O), AND (R) (Definitions – 16

“PLAN”, “PRIORITY FUNDING AREA”, AND “Sensitive area”, AND 17

“SUBDIVISION”); ); 18

(3) § 1–201 (Visions); 19

(4) § 1–206 (Required education); 20

(5) § 1–207 (Annual report – In general); 21

(6) § 1–208 (Annual report – Measures and indicators); 22

(7) Title 1, Subtitle 3 (Consistency); 23

(8) TITLE 1, SUBTITLE 5 (GROWTH TIERS); 24

(8) (9) § 4–104(b) (Limitations – Bicycle parking); 25

(9) (10) § 4–208 (Exceptions – Maryland Accessibility Code); 26

(10) (11) § 5–102(d) (Subdivision regulations – Burial sites); 27

(11) (12) § 5–104 (MAJOR SUBDIVISION – REVIEW); 28

SENATE BILL 236 39

[(11)] (12) (13) Title 7, Subtitle 1 (Development Mechanisms); 1

[(12)] (13) (14) Title 7, Subtitle 2 (Transfer of Development Rights); 2

[(13)] (14) (15) Except in Montgomery County or Prince George’s 3

County, Title 7, Subtitle 3 (Development Rights and Responsibilities Agreements); 4

[(14)] (15) (16) Title 7, Subtitle 4 (Inclusionary Zoning); 5

[(15)] (16) (17) § 8–401 (Conversion of overhead facilities); 6

[(16)] (17) (18) For Baltimore County only, Title 9, Subtitle 3 7

(Single–County Provisions – Baltimore County); 8

[(17)] (18) (19) For Howard County only, Title 9, Subtitle 13 9

(Single–County Provisions – Howard County); and 10

[(18)] (19) (20) Title 11, Subtitle 2 (Civil Penalty). 11

(c) This section supersedes any inconsistent provision of Division II of this 12

article. 13

1–405. 14

A charter county shall enact, adopt, amend, and execute a plan in accordance 15

with this part and Part III of this subtitle. 16

1–407. 17

(a) The development regulations element shall include the planning 18

commission’s recommendation for land development regulations to implement the 19

plan. 20

(b) The development regulations element shall encourage: 21

(1) the use of flexible development regulations to promote innovative 22

and cost–saving site design and protect the environment; and 23

(2) within the areas designated for growth in the plan: 24

(i) economic development through the use of innovative 25

techniques; and 26

(ii) streamlined review of applications for development, 27

including permit review and subdivision plat review. 28

40 SENATE BILL 236

(C) THE DEVELOPMENT REGULATIONS ELEMENT MAY INCLUDE 1

MAPPED AREAS DESIGNATED FOR: 2

(1) TIER I GROWTH IF THE TIER I AREAS ARE: 3

(I) PRIORITY FUNDING AREAS THAT HAVE RECEIVED NO 4

COMMENTS FROM THE DEPARTMENT OF PLANNING; AND 5

(II) 1. SERVED BY COMMUNITY, SHARED, OR MULTIUSE 6


2. PLANNED TO BE SERVED BY COMMUNITY, 8


(2) TIER II GROWTH IF THE TIER II AREAS ARE: 10

(I) PLANNED TO BE SERVED BY COMMUNITY, SHARED, AND 11

MULTIUSE SEWERAGE SYSTEMS; 12




DEVELOPMENT, INCLUDING IN–FILL AND REDEVELOPMENT, IN THE LOCAL 16

JURISDICTION; AND 17

(III) 1. PRIORITY FUNDING AREAS THAT HAVE BEEN 18

COMMENTED ON BY THE DEPARTMENT OF PLANNING; OR 19


(3) TIER III GROWTH IF THE TIER III AREAS ARE: 21

(I) NOT PLANNED FOR SEWERAGE SERVICE; AND 22

(II) PRIORITY FUNDING AREAS, MAPPED LOCALLY 23

DESIGNATED GROWTH AREAS, OR AREAS PLANNED AND ZONED FOR LARGE LOT 24

AND RURAL DEVELOPMENT THAT ARE: 25

1. NOT PLANNED OR ZONED FOR AGRICULTURAL 26

PROTECTION, RURAL PROTECTION, RESOURCE PROTECTION, OR SIMILAR 27

ZONES WITH THE PRIMARY PURPOSE BEING LAND PRESERVATION; 28

2. DOMINATED BY EXISTING LOW DENSITY 29

DEVELOPMENT; OR 30

SENATE BILL 236 41

3. NOT DOMINATED BY FARMLAND OR FOREST LAND; 1

AND 2

(4) TIER IV GROWTH IF THE TIER IV AREAS ARE: 3


(II) 1. AREAS PLANNED OR ZONED FOR LAND 5


CONSERVATION; 7

2. AREAS DOMINATED BY AGRICULTURAL LANDS, 8

FOREST LANDS, OR OTHER NATURAL AREAS; 9

3. RURAL LEGACY AREAS OR PRIORITY 10

PRESERVATION AREAS; OR 11

4. AT THE TIME OF THE ADOPTION OF THE PLAN OR 12

AMENDMENT: 13

A. AREAS MAPPED FOR ECOLOGICAL PRESERVATION 14

BY THE DEPARTMENT OF NATURAL RESOURCES; OR 15

B. AREAS MAPPED FOR AGRICULTURAL 16

PRESERVATION BY THE DEPARTMENT OF PLANNING. 17

(D) (1) IF A LOCAL JURISDICTION PROPOSES TIERS IN THE PLAN 18

REQUIRED UNDER § 1–405 OF THIS SUBTITLE, THE LOCAL JURISDICTION SHALL 19

PROVIDE TO THE DEPARTMENT OF PLANNING A DESCRIPTION OF THE 20

PROPOSED TIERS NOT LESS THAN 60 DAYS BEFORE THE PUBLIC HEARING ON 21

THE TIERS. 22

(2) IF THE PLAN INCLUDES TIER I, TIER II, TIER III, OR TIER IV 23

AREAS, THE LOCAL JURISDICTION SHALL PROVIDE TO THE DEPARTMENT OF 24

PLANNING ALL INFORMATION NECESSARY TO DEMONSTRATE THE PRECISE 25

LOCATION OF EACH AREA, INCLUDING A MAP OF THE AREA SHOWING PLANNING 26

AND ZONING CHARACTERISTICS, AND EXISTING AND PLANNED WATER AND 27

SEWER SERVICES AS APPROPRIATE. 28

(3) THE DEPARTMENT OF PLANNING, AS APPROPRIATE, SHALL 29

PROVIDE TO EACH STATE UNIT THAT APPROVES SUBDIVISION PLANS COPIES OF 30

MAPS ILLUSTRATING: 31

42 SENATE BILL 236

(I) THE TIERS IDENTIFIED BY THE LOCAL JURISDICTION; 1

AND 2

(II) ANY COMMENTS BY THE DEPARTMENT OF PLANNING 3

ON THE AREAS IDENTIFIED. 4

3–101. 5

(a) A local jurisdiction shall enact, adopt, amend, and execute a plan in 6

accordance with this division. 7

3–103. 8

(a) The development regulations element shall include the planning 9

commission’s recommendation for land development regulations to implement the 10

plan. 11

(b) The development regulations element shall encourage: 12

(1) the use of flexible development regulations to promote innovative 13

and cost–saving site design and protect the environment; and 14

(2) within the areas designated for growth in the plan: 15

(i) economic development through the use of innovative 16

techniques; and 17

(ii) streamlined review of applications for development, 18

including permit review and subdivision plat review. 19

(C) THE DEVELOPMENT REGULATIONS ELEMENT MAY INCLUDE 20

MAPPED AREAS DESIGNATED FOR: 21

(1) TIER I GROWTH IF THE TIER I AREAS ARE: 22

(I) PRIORITY FUNDING AREAS THAT HAVE RECEIVED NO 23

COMMENTS FROM THE DEPARTMENT OF PLANNING; AND 24

(II) 1. SERVED BY COMMUNITY, SHARED, OR MULTIUSE 25


2. PLANNED TO BE SERVED BY COMMUNITY, 27


(2) TIER II GROWTH IF THE TIER II AREAS ARE: 29

SENATE BILL 236 43

(I) PLANNED TO BE SERVED BY COMMUNITY, SHARED, AND 1

MULTIUSE SEWERAGE SYSTEMS; 2




DEVELOPMENT, INCLUDING IN–FILL AND REDEVELOPMENT, IN THE LOCAL 6

JURISDICTION; AND 7

(III) 1. PRIORITY FUNDING AREAS THAT HAVE BEEN 8

COMMENTED ON BY THE DEPARTMENT OF PLANNING; OR 9


(3) TIER III GROWTH IF THE TIER III AREAS ARE: 11


(II) PRIORITY FUNDING AREAS, MAPPED LOCALLY 13

DESIGNATED GROWTH AREAS, OR AREAS PLANNED AND ZONED FOR LARGE LOT 14

AND RURAL DEVELOPMENT THAT ARE: 15

1. NOT PLANNED OR ZONED FOR AGRICULTURAL 16

PROTECTION, RURAL PROTECTION, RESOURCE PROTECTION, OR SIMILAR 17

ZONES WITH THE PRIMARY PURPOSE BEING LAND PRESERVATION; 18

2. DOMINATED BY EXISTING LOW DENSITY 19

DEVELOPMENT; OR 20

3. NOT DOMINATED BY FARMLAND OR FOREST LAND; 21

AND 22

(4) TIER IV GROWTH IF THE TIER IV AREAS ARE: 23


(II) 1. AREAS PLANNED OR ZONED FOR LAND 25


CONSERVATION; 27

2. AREAS DOMINATED BY AGRICULTURAL LANDS, 28

FOREST LANDS, OR OTHER NATURAL AREAS; 29

44 SENATE BILL 236

3. RURAL LEGACY AREAS OR PRIORITY 1

PRESERVATION AREAS; OR 2

4. AT THE TIME OF THE ADOPTION OF THE PLAN OR 3

AMENDMENT: 4

A. AREAS MAPPED FOR ECOLOGICAL PRESERVATION 5

BY THE DEPARTMENT OF NATURAL RESOURCES; OR 6

B. AREAS MAPPED FOR AGRICULTURAL 7

PRESERVATION BY THE DEPARTMENT OF PLANNING. 8

(D) (1) IF A LOCAL JURISDICTION PROPOSES TIERS IN THE PLAN 9

REQUIRED UNDER § 3–101 OF THIS SUBTITLE, THE LOCAL JURISDICTION SHALL 10

PROVIDE TO THE DEPARTMENT OF PLANNING A DESCRIPTION OF THE 11

PROPOSED TIERS NOT LESS THAN 60 DAYS BEFORE THE PUBLIC HEARING ON 12

THE TIERS. 13

(2) IF THE PLAN INCLUDES TIER I, TIER II, TIER III, OR TIER IV 14

AREAS, THE LOCAL JURISDICTION SHALL PROVIDE TO THE DEPARTMENT OF 15

PLANNING ALL INFORMATION NECESSARY TO DEMONSTRATE THE PRECISE 16

LOCATION OF EACH AREA, INCLUDING A MAP OF THE AREA SHOWING PLANNING 17

AND ZONING CHARACTERISTICS, AND EXISTING AND PLANNED WATER AND 18

SEWER SERVICES AS APPROPRIATE. 19

(3) THE DEPARTMENT OF PLANNING, AS APPROPRIATE, SHALL 20

PROVIDE TO EACH STATE UNIT THAT APPROVES SUBDIVISION PLANS COPIES OF 21

MAPS ILLUSTRATING: 22

(I) THE TIERS IDENTIFIED BY THE LOCAL JURISDICTION; 23

AND 24

(II) ANY COMMENTS BY THE DEPARTMENT OF PLANNING 25

ON THE AREAS IDENTIFIED. 26

SUBTITLE 5. GROWTH TIERS. 27

1–501. 28

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 29

INDICATED. 30

(B) “PLANNING BOARD” MEANS A PLANNING BOARD ESTABLISHED 31

UNDER THIS ARTICLE. 32

SENATE BILL 236 45

(C) “PLANNING BOARD” INCLUDES A PLANNING COMMISSION OR 1

BOARD ESTABLISHED UNDER ARTICLE 25A OR ARTICLE 28 OF THE CODE. 2

1–502. 3

ON OR BEFORE DECEMBER 31, 2012, A LOCAL JURISDICTION MAY 4

CERTIFY TO THE DEPARTMENT OF PLANNING ADOPT THE MAPPED GROWTH 5

TIERS DESIGNATED BY THE LOCAL JURISDICTION IN ACCORDANCE WITH THIS 6

SUBTITLE. 7

1–502. 1–503. 8

BEFORE CERTIFICATION ADOPTION OF THE GROWTH TIERS, A LOCAL 9

JURISDICTION MAY SUBMIT THE PROPOSED TIERS AND ANY RELEVANT 10

INFORMATION TO THE DEPARTMENT OF PLANNING FOR: 11

(1) TECHNICAL ASSISTANCE, REVIEW, AND COMMENT; AND 12

(2) THE OPPORTUNITY FOR PUBLIC REVIEW. 13

1–503. 1–504. 14

ON CERTIFICATION AFTER ADOPTION OF THE GROWTH TIERS, THE LOCAL 15

JURISDICTION SHALL PROVIDE TO THE DEPARTMENT OF PLANNING ALL 16

INFORMATION NECESSARY TO DEMONSTRATE THE PRECISE LOCATION OF THE 17

TIERS, INCLUDING, AS APPROPRIATE: 18

(1) A MAP OF THE AREA SHOWING PLANNING AND ZONING 19

CHARACTERISTICS OF EACH TIER; AND 20

(2) EXISTING AND PLANNED WATER AND SEWER SERVICES. 21

1–504. 1–505. 22

THE DEPARTMENT OF PLANNING, AS APPROPRIATE, SHALL PROVIDE TO 23

EACH STATE AGENCY AND POST ON THE DEPARTMENT OF PLANNING’S WEB 24

SITE, COPIES OF MAPS ILLUSTRATING: 25

(1) GROWTH TIERS CERTIFIED BY LOCAL JURISDICTIONS; AND 26

(2) ANY COMMENTS BY THE DEPARTMENT OF PLANNING ON THE 27

CERTIFIED TIERS MAY COMMENT ON THE GROWTH TIERS ADOPTED BY THE 28

LOCAL JURISDICTIONS. 29

46 SENATE BILL 236

1–505. 1–506. 1

(A) SUBJECT TO SUBSECTIONS (B), (C), AND (D) OF THIS SECTION, A 2

LOCAL JURISDICTION THAT CHOOSES TO CERTIFY ADOPT GROWTH TIERS TO 3

THE DEPARTMENT OF PLANNING IS NOT REQUIRED TO ADOPT ALL OF THE 4

TIERS. 5

(B) A MUNICIPAL CORPORATION THAT EXERCISES PLANNING AND 6

ZONING AUTHORITY SHALL ADOPT TIER I AND MAY ADOPT TIER II. 7

(C) A COUNTY SHALL ADOPT TIERS I, III, AND IV, AND MAY ADOPT 8

TIER II. 9

(D) IF A LOCAL JURISDICTION DOES NOT ADOPT ALL OF THE TIERS 10

AUTHORIZED UNDER THIS SECTION, THE LOCAL JURISDICTION SHALL PROVIDE 11

DOCUMENTATION TO THE DEPARTMENT OF PLANNING OF DOCUMENT THE 12

REASONS THE JURISDICTION IS NOT ADOPTING A PARTICULAR TIER. 13

1–507. 14

(A) IF THE DEPARTMENT OF PLANNING COMMENTS UNDER § 5–105 OF 15

THIS SUBTITLE ON ANY OF THE TIERS OR ON AN AREA WITHIN ONE OF THE 16

TIERS, THE LOCAL LEGISLATIVE BODY OR THE PLANNING BOARD SHALL HOLD 17

AT LEAST ONE PUBLIC HEARING ON THE COMMENTS BY THE DEPARTMENT OF 18

PLANNING. 19

(B) THE LOCAL LEGISLATIVE BODY OR THE PLANNING BOARD SHALL 20

REVIEW THE MAPPED GROWTH TIERS ADOPTED BY THE LOCAL JURISDICTION IN 21

LIGHT OF THE COMMENTS BY THE DEPARTMENT OF PLANNING. 22

(C) IF THE PLANNING BOARD HOLDS THE PUBLIC HEARING UNDER 23

SUBSECTION (A) OF THIS SECTION, AFTER THE PUBLIC HEARING AND THE 24

CONSIDERATION OF THE COMMENTS BY THE DEPARTMENT OF PLANNING, THE 25

PLANNING BOARD SHALL RECOMMEND TO THE LOCAL JURISDICTION THAT 26

EITHER THE TIERS OR AN AREA WITHIN THE TIERS: 27

(1) BE CHANGED; OR 28

(2) THAT THE ADOPTED TIERS REMAIN UNCHANGED. 29

(D) IF THE PLANNING BOARD RECOMMENDS THAT THE TIERS OR AN 30

AREA WITHIN THE TIERS BE CHANGED UNDER SUBSECTION (C) OF THIS 31

SENATE BILL 236 47

SECTION, THE PLANNING BOARD SHALL PROVIDE THE RECOMMENDED MAPPED 1

GROWTH TIER CHANGES TO THE LOCAL JURISDICTION. 2

1–506. 1–508. 3

(A) THE GROWTH TIERS CERTIFIED ADOPTED BY A LOCAL 4

JURISDICTION SHALL MEET THE FOLLOWING CRITERIA: 5

(1) TIER I AREAS ARE AREAS THAT ARE: 6

(I) SERVED BY PUBLIC SEWERAGE SYSTEMS AND MAPPED 7

LOCALLY DESIGNATED GROWTH AREAS; OR 8

(II) A MUNICIPAL CORPORATION THAT IS A PRIORITY 9

FUNDING AREA THAT IS SERVED BY PUBLIC SEWERAGE SYSTEMS; 10

(2) TIER II AREAS ARE AREAS THAT ARE: 11

(I) 1. PLANNED TO BE SERVED BY PUBLIC SEWERAGE 12

SYSTEMS AND IN THE MUNICIPAL GROWTH ELEMENT; OR 13


AND 15





JURISDICTION; 20

(3) TIER III AREAS ARE AREAS THAT ARE: 21

(I) NOT ARE NOT PLANNED FOR SEWERAGE SERVICE AND 22

NOT DOMINATED BY AGRICULTURAL OR FOREST LAND; AND 23

(II) ARE NOT PLANNED OR ZONED BY A LOCAL 24

JURISDICTION FOR LAND, AGRICULTURAL, OR RESOURCE PROTECTION, 25

PRESERVATION, OR CONSERVATION; AND 26

(II) (III) ONE ARE ONE OF THE FOLLOWING: 27


PUBLIC SEWERAGE SYSTEM; 29

48 SENATE BILL 236


ZONED FOR DEVELOPMENT; 2

3. 2. RURAL VILLAGES AS DESCRIBED IN § 5–7B–03(F) 3

OF THE STATE FINANCE AND PROCUREMENT ARTICLE; OR 4

4. 3. MAPPED LOCALLY DESIGNATED GROWTH AREAS; 5

OR 6

4. AREAS PLANNED AND ZONED FOR LARGE LOT AND 7

RURAL DEVELOPMENT; AND 8

(III) ADJOINING AND CONTIGUOUS TO ONE OF THE 9

FOLLOWING: 10


WASTEWATER TREATMENT PLANT; 12


ZONED FOR DEVELOPMENT; OR 14

3. RURAL VILLAGES AS DESCRIBED IN § 5–7B–03(F) 15

OF THE STATE FINANCE AND PROCUREMENT ARTICLE; AND 16

(4) TIER IV AREAS ARE AREAS THAT ARE NOT PLANNED FOR 17

SEWERAGE SERVICE AND ARE: 18

(I) AREAS PLANNED OR ZONED BY A LOCAL JURISDICTION 19

FOR LAND, AGRICULTURAL, OR RESOURCE PROTECTION, PRESERVATION, OR 20

CONSERVATION; 21

(II) AREAS DOMINATED BY AGRICULTURAL LANDS, FOREST 22

LANDS, OR OTHER NATURAL AREAS; OR 23

(III) RURAL LEGACY AREAS, PRIORITY PRESERVATION 24

AREAS, OR AREAS MAPPED FOR ECOLOGICAL PRESERVATION BY THE 25

DEPARTMENT OF NATURAL RESOURCES AT THE TIME OF THE ADOPTION OF 26

THE PLAN OR AMENDMENT OR AREAS MAPPED FOR AGRICULTURAL 27

PRESERVATION BY THE DEPARTMENT OF PLANNING AT THE TIME OF THE 28

ADOPTION OF THE PLAN OR AMENDMENT SUBJECT TO COVENANTS, 29

RESTRICTIONS, CONDITIONS, OR CONSERVATION EASEMENTS FOR THE BENEFIT 30

OF, OR HELD BY A STATE AGENCY, AS DEFINED IN § 9–206 OF THE 31

ENVIRONMENT ARTICLE, OR A LOCAL JURISDICTION FOR THE PURPOSE OF 32


SENATE BILL 236 49

(B) A LOCAL JURISDICTION SHALL STRIVE TO AVOID CREATING A TIER 1

III AREA THAT IS BOUNDED ON ALL SIDES BY LAND IN A TIER IV AREA. 2

(C) IF AN AREA NOT PLANNED FOR SEWERAGE SERVICE DOES NOT 3

MEET THE DESCRIPTION OF A TIER III OR TIER IV AREA, THEN THE AREA IS A 4

TIER IV AREA. 5

1–507. 1–509. 6

(A) A LOCAL JURISDICTION THAT CERTIFIES ADOPTS GROWTH TIERS 7

TO THE DEPARTMENT OF PLANNING SHALL INCORPORATE THE TIERS INTO THE 8

DEVELOPMENT REGULATIONS ELEMENT OF THE COMPREHENSIVE PLAN OR AN 9

ELEMENT OF THE PLAN: 10

(1) WHEN THE LOCAL JURISDICTION CONDUCTS THE 6–YEAR 11

REVIEW OF THE PLAN UNDER §§ 1–416(A) AND 3–301(A) OF THIS ARTICLE; AND 12

(2) IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 13

(B) IF A LOCAL JURISDICTION DOES NOT INCORPORATE ALL OF THE 14

GROWTH TIERS AUTHORIZED UNDER THIS SECTION INTO THE DEVELOPMENT 15

REGULATIONS ELEMENT OF THE COMPREHENSIVE PLAN OR AN ELEMENT OF 16

THE PLAN, THE LOCAL JURISDICTION SHALL STATE THAT A TIER IS NOT 17

ADOPTED. 18

5–104. 19





(3) “MAJOR SUBDIVISION” MEANS THE SUBDIVISION OF LAND 24

INTO NEW LOTS, PLATS, BUILDING SITES, OR OTHER DIVISIONS OF LAND 25

DEFINED IN LOCAL LAW AS A MAJOR SUBDIVISION IN EFFECT BEFORE JANUARY 26

1, 2012 HAS THE MEANING STATED IN § 9–206 OF THE ENVIRONMENT ARTICLE. 27

(4) “ON–SITE SEWAGE DISPOSAL SYSTEM” HAS THE MEANING 28

STATED IN § 9–206 OF THE ENVIRONMENT ARTICLE. 29



50 SENATE BILL 236

(6) (5) (I) “PLANNING BOARD” MEANS A PLANNING BOARD 1


(II) “PLANNING BOARD” INCLUDES A PLANNING 3

COMMISSION OR BOARD ESTABLISHED UNDER DIVISION II OF THIS ARTICLE OR 4

ARTICLE 25A OF THE CODE. 5



(B) THIS SECTION APPLIES ONLY TO A RESIDENTIAL MAJOR 8

SUBDIVISION IN A TIER III AREA SERVED BY: 9


(2) A SHARED FACILITY; OR 11

(3) A COMMUNITY SEWERAGE SYSTEM. 12

(C) IF A LOCAL JURISDICTION ESTABLISHES TIERS FOR THE GROWTH IN 13

THE DEVELOPMENT REGULATIONS ELEMENT OF THE PLAN TIERS UNDER § 14

1–407 OR § TITLE 1, SUBTITLE 5 3–103 OF THIS ARTICLE, A RESIDENTIAL 15

MAJOR SUBDIVISION IN A TIER III AREA MAY NOT BE APPROVED UNLESS THE 16

PLANNING BOARD HAS REVIEWED AND RECOMMENDED THE APPROVAL OF THE 17

MAJOR SUBDIVISION IN A THE TIER III AREA SERVED BY: 18


(2) A COMMUNITY SEWERAGE SYSTEM; OR 20

(3) A SHARED FACILITY. 21

(C) (D) (1) BEFORE RECOMMENDING THE APPROVAL OF A 22

PROPOSED MAJOR SUBDIVISION SERVED BY ON–SITE SEWAGE DISPOSAL 23

SYSTEMS, A COMMUNITY SEWERAGE SYSTEM, OR A SHARED FACILITY IN A TIER 24

III AREA, THE PLANNING BOARD SHALL HOLD AT LEAST ONE PUBLIC HEARING. 25

(2) THE PLANNING BOARD SHALL CONDUCT THE PUBLIC 26

HEARING IN ACCORDANCE WITH ITS RULES AND PROCEDURES. 27

(D) (E) THE REVIEW OF THE A RESIDENTIAL MAJOR SUBDIVISION BY 28

THE PLANNING BOARD SHALL INCLUDE: 29

SENATE BILL 236 51

(1) THE COST OF PROVIDING LOCAL GOVERNMENTAL SERVICES 1

TO THE RESIDENTIAL MAJOR SUBDIVISION UNLESS A LOCAL JURISDICTION’S 2

ADEQUATE PUBLIC FACILITIES ORDINANCE ALREADY REQUIRES A REVIEW OF 3

GOVERNMENT SERVICES; AND 4

(2) THE POTENTIAL ENVIRONMENTAL IMPACT OF ISSUES OR A 5

NATURAL RESOURCES INVENTORY RELATED TO THE PROPOSED RESIDENTIAL 6

MAJOR SUBDIVISION; AND 7

(3) ANY NUTRIENT OFFSETS, ACCORDING TO IF REQUIRED BY 8

STATE POLICY, THAT WILL BE REQUIRED FOR THE AS A RESULT OF THE 9

APPROVAL OF THE PROPOSED RESIDENTIAL MAJOR SUBDIVISION. 10

(E) (F) THE PLANNING BOARD SHALL RECOMMEND THE PROPOSED 11

RESIDENTIAL MAJOR SUBDIVISION BY RESOLUTION OF THE PLANNING BOARD. 12

[5–104.] 5–105. 13

(a) After a planning commission begins to exercise control over subdivisions 14

under this subtitle, the authority of the planning commission over plats shall be 15

exclusive within the territory under its jurisdiction. 16

(b) Unless otherwise provided in this division, all statutory control over plats 17

or subdivisions granted by other statutes shall be considered transferred to the 18

planning commission of the local jurisdiction. 19

SECTION 4. AND BE IT FURTHER ENACTED, That the Department of the 20

Environment shall adopt regulations requiring major residential subdivisions served 21

by on–site septic systems to receive a permit. 22

SECTION 5. 4. AND BE IT FURTHER ENACTED, That: 23

(a) (1) It is the intent of the General Assembly that local jurisdictions 24

should use their existing comprehensive plan and zoning ordinance, if desired, to 25

create the tiers as provided in Article 66B, §§ 1.04 and 3.05 § 1.05 of the Code and §§ 26

1–407 Title 1, Subtitle 5 and 3–103 of the Land Use Article, as enacted by this Act. 27

(2) The tiers may be adopted as an amendment to the comprehensive 28

plan under Article 66B, § 1.05 of the Code or Title 1, Subtitle 5 of the Land Use Article 29

and be included as an appendix that delineates the tiers and the comprehensive plan 30

land use categories and zoning ordinance districts that are included in each tier. 31

(b) This Act may not be construed to imply that local comprehensive plans, 32

including the land use and development regulation elements of the plans, may not be 33

amended in accordance with the process set forth in either State law or local law. 34

52 SENATE BILL 236

SECTION 6. 5. AND BE IT FURTHER ENACTED, That, if requested by a local 1

jurisdiction to verify the actual overall yield for zoning in a Tier IV area under § 2

9–206(h) of the Environment Article, the Department of Planning shall: 3

(a) review the local zoning code, along with any relevant subdivision or 4

development regulations or rules, to help determine the overall development yield; 5

(b) request, if appropriate, information from the local jurisdiction to help 6

determine the overall yield of development in Tier IV; 7

(c) examine any additional information that the local jurisdiction provides 8

supporting qualification of the jurisdiction’s zoning districts; and 9

(d) discuss any discrepancies or questions with the local jurisdiction before 10

determining if the jurisdiction’s Tier IV area meets the overall actual yield of one 11

dwelling unit per 25 20 acres within the Tier IV area. 12

SECTION 7. 6. AND BE IT FURTHER ENACTED, That: 13

(a) each local jurisdiction shall submit any definition or description of a 14

major or minor subdivision in the jurisdiction’s local ordinance or regulation to the 15

Department of Planning on or before December 31, 2012, in accordance with the 16

provisions of § 9–206 of the Environment Article; and 17

(b) the Department of Planning shall prepare a list of definitions and 18

descriptions of major and minor subdivisions submitted by local jurisdictions for 19

publication on the Web sites of the Department of Planning and the Department of the 20

Environment on or after December 31, 2012. 21

SECTION 8. 7. AND BE IT FURTHER ENACTED, That the provisions of this 22

Act may not be construed to limit the authority granted to the Critical Area 23

Commission under Chapter 119 of the Acts of 2008 to adopt regulations under § 24

8–1806(b) of the Natural Resources Article. 25

SECTION 8. AND BE IT FURTHER ENACTED, That: 26

(a) on or before December 31, 2012, the Department of the Environment shall 27

propose regulations that establish nutrient offset requirements for new residential 28

major subdivisions within Tier III areas that are to be served by on–site sewage 29

disposal systems or shared systems; 30

(b) the Department shall consult with the counties and other stakeholder 31

groups during the drafting of the proposed regulations required under subsection (a) of 32

this section; 33

(c) the Department shall brief the House Environmental Matters Committee 34

and the Senate Education, Health, and Environmental Affairs Committee before the 35

SENATE BILL 236 53

submission of the proposed regulations required under subsection (a) of this section to 1

the Joint Committee on Administrative, Executive, and Legislative Review; and 2

(d) this section does not apply to, or limit the ability of the Department to 3

develop nutrient trading and offset programs related to Maryland’s Chesapeake Bay 4

TMDL Watershed Implementation Plan. 5

SECTION 9. AND BE IT FURTHER ENACTED, That, on or before February 1, 6

2013, the Department of Planning, in consultation with the Department of the 7

Environment, shall report to the General Assembly, in accordance with § 2–1246 of the 8

State Government Article, on: 9

(a) the adoption of the tiers, as provided in Article 66B, § 1.05 of the Code and 10

Title 1, Subtitle 5 of the Land Use Article, as enacted by this Act, by each local 11

jurisdiction, including mapped areas of the tiers; 12

(b) each jurisdiction that has adopted or altered a local ordinance or 13

regulation in implementing the provisions of this Act, including a description of the 14

adopted or altered local ordinance or regulation; and 15

(c) each jurisdiction for which the Department of Planning has provided 16

comments on any of the tiers or an area within one of the tiers under Article 66B, § 1.05 17

of the Code and § 1–505 of the Land Use Article, as enacted by this Act. 18

SECTION 6. 9. 8. 10. AND BE IT FURTHER ENACTED, That Section 3 of this 19

Act shall take effect on the taking effect of Chapter ____ (H.B. ___)(2lr0396) of the Acts 20

of the General Assembly of 2012. If Section 3 of this Act takes effect, Section 2 of this 21

Act shall be abrogated and of no further force and effect. 22

SECTION 7. 10. 9. 11. AND BE IT FURTHER ENACTED, That, subject to the 23

provisions of Section 6 9 8 10 of this Act, this Act shall take effect July 1, 2012. 24

Approved:

________________________________________________________________________________

Governor.

________________________________________________________________________________

President of the Senate.

________________________________________________________________________________

Speaker of the House of Delegates.

Documents

SENATE BILL 236 - Maryland General Assemblymlis.state.md.us/2012rs/bills/sb/sb0236e.pdf · 2012-04-10 · 45 of certain rights of an owner to subdivide certain property used for agricultural